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CIHM/ICMH 

Microfiche 

Series. 


CiHIVI/ICIVIH 
Collection  de 
microfiches. 


Canadian  Instituta  for  Historical  IMicroraproductiont  /  institut  Canadian  da  microroproductions  liiatoriquas 


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O^ 


Tachnical  and  Bibliographic  Notas/Notas  tachniquas  at  bibliographiquas 


ti 


Tlia  Instituta  has  attamptad  to  obtain  tha  bast 
original  copy  availabia  for  filming.  Faaturas  of  this 
copy  which  may  ba  bibliographically  uniqua, 
which  may  altar  any  of  tha  imagas  in  tha 
raproduction.  or  which  may  significantly  changa 
tha  usual  mathod  of  filming,  ara  chackad  balow. 


n 


D 


D 
D 


D 


0 


Colourad  covars/ 
Couvartura  da  coulaur 


I     I   Covars  damagad/ 


Couvartura  andommagte 


Covars  rastorad  and/or  laminatad/ 
Couvartura  rastaurte  at/ou  palliculte 


I      I   Covar  titia  missing/ 


La  titra  da  couvartura  manqua 


I      I    Colourad  maps/ 


Cartas  gAographiquas  an  coulaur 


□    Colourad  inic  (i.a.  othar  than  blua  or  blacic)/ 
Encra  da  coulaur  (i.a.  autra  qua  blaua  ou  noira) 

I     I   Colourad  platas  and/or  illustrations/ 


Planchaa  at/ou  illustrations  9n  coulaur 

Bound  with  othar  matarial/ 
RaliA  avac  d'autras  documents 

Tight  binding  may  causa  shadows  or  distortion 
along  intarior  margin/ 

La  re  llura  sarrAe  paut  causar  da  I'ombra  ou  da  la 
distortion  la  long  d%  la  marga  IntAriaura 

Blank  laavas  addad  during  rastoration  may 
appaar  within  tha  taxt.  Whanavar  possibia,  thasa 
hava  baan  omittad  from  filming/ 
11  sa  paut  qua  cartainas  pagas  blanches  ajouttos 
iors  d'una  rastauration  apparaissant  dans  la  taxta, 
mais,  lorsqua  cala  itait  possibia.  cas  pagas  n'ont 
pas  At*  film6as. 


L'institut  a  microfilm*  la  maillaur  axamplaira 
qu'il  lui  a  *t*  possibia  da  sa  procurar.  Las  details 
da  cat  axamplaira  qui  sont  paut-Atra  uniquas  du 
point  da  vua  bibliographiqua,  qui  pauvant  modif  iar 
una  imaga  raproduita,  ou  qui  pauvant  axigar  una 
modification  dans  la  mAthoda  normala  da  filmaga 
sont  indiquAs  ci-dassous. 


r~n   Colourad  pagas/ 


D 


Pagas  da  coulaur 

Pagas  damagad/ 
Pagas  andommagAas 

Pagas  rastorad  and/oi 

Pagas  rastaurAas  at/ou  palliculAas 

Pagas  discolourad,  stained  or  foxei 
Pagas  dAcolor6es.  tachettes  ou  piquAes 

Pagas  detached/ 
Pagas  ditachtes 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  inAgale  de  I'lmpression 

Includes  supplementary  matarii 
Comprend  du  matAriel  supplAmentaira 


I — I  Pages  damaged/ 

I — I  Pagas  restored  and/or  laminated/ 

r~71  Pages  discoloured,  stained  or  foxed/ 

I      I  Pagas  detached/ 

r~71  Showthrough/ 

|~n  Quality  of  print  varies/ 

I     I  Includes  supplementary  material/ 


T 

P 

o 
fi 


C 
b 
tl 

s 
o 
fi 
si 
e 


T 
si 
T 
w 

M 
di 
ei 
b« 
ri! 
re 


|~~|   Only  edition  available/ 


Seule  Mition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pagas  totalament  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  una  pelure, 
etc.,  ont  At*  fiimAes  A  nouveau  de  fapon  A 
obtenir  la  metlleure  image  possible. 


Additional  comments:/ 
Commentalres  supplAmentaires: 


VarkMis  pagingi. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  da  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


7 


12X 


lex 


20X 


24X 


28X 


32X 


Th«  copy  filmad  h«r«  hat  b««n  raproducad  thanks 
to  tha  ganarosity  of: 

Univtrsity  of  Saskatchmvan 
SMkatoon 

Tha  imagaa  appaaring  hara  ara  tha  baat  quality 
poaslbia  conaidaring  tha  condition  and  lagibility 
of  tha  originai  copy  and  in  kaaping  with  tha 
filming  contract  apacifications. 


Original  copias  in  printad  papar  covara  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illuatratad  impras- 
sion.  or  tha  back  covar  whan  appropriata.  All 
othar  originai  copias  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  illuatratad  impras- 
sion.  and  anding  on  tha  laat  paga  with  a  printad 
L  r  illuatratad  impraaaion. 


Tha  tast  racordad  frama  on  aach  microficha 
shall  contain  tha  symbol  -^  (moaning  "CON- 
TINUED"), or  tha  aymbol  ▼  (moaning  "END"), 
whichavar  appliaa. 

IMaps,  platas,  charts,  ate,  may  ba  '/Imad  at 
diffarant  raduction  ratioft    Thosa  too  larga  to  ba 
antiraly  includad  in  ona  axposura  ara  filmad 
baginning  in  tha  uppar  laft  hand  cornar,  laft  to 
right  and  top  to  bottom,  aa  many  framas  aa 
raquirad.  Tha  following  diagrams  illustrata  tha 
mathod: 


L'axamplaira  filmA  fut  raproduit  grAca  A  la 
gAciAroait*  do: 

Univtraity  of  SatkatehMvan 
Saikstoon 

Laa  imagaa  auivantaa  ont  4t*  raproduitaa  avac  la 
plua  grand  aoin,  compta  tanu  da  la  condition  at 
da  la  nattat«  da  I'axampiaira  film«,  at  an 
conformity  avac  laa  conditiona  du  contrat  da 
filmaga. 

Laa  axamplairaa  originaux  dont  la  couvartura  •n 
papiar  aat  imprimte  aont  film«a  9n  commandant 
par  la  pramiar  plat  at  an  tarminant  aoit  par  la 
darniAra  paga  qui  comporta  una  amprainta 
d'impraaaion  ou  d'illuatration.  aoit  par  la  aacond 
plat,  aalon  la  caa.  Toua  laa  autrca  axamplairaa 
originaux  aont  filmte  an  commanpant  par  la 
pramlAra  paga  qui  comporta  una  amprainta 
d'impraaaion  ou  d'illuatration  at  an  tarminant  pur 
la  darnlAra  paga  qui  comporta  una  talla 
amprainta. 

Un  daa  aymbolaa  auivanta  apparaTtra  aur  la 
darnlAra  imaga  da  chaqua  microficha,  aalon  la 
caa:  la  aymbola  -^  aignifia  "A  SUIVRE",  la 
aymbola  y  aignifia  "FIN". 

Laa  cartaa.  planchaa,  tablaaux,  ate,  pauvant  Atra 
filmte  A  daa  taux  da  r6duction  diffAranta. 
Loraqua  la  documant  aat  trop  grand  pour  Atra 
raproduit  an  un  aaul  clichA,  il  as:  film*  A  partir 
da  I'angia  aupAriaur  gaucha,  da  gaucha  A  droita. 
at  da  haut  an  baa,  an  pranant  la  nombra 
d'imagaa  nAcaaaaira.  Laa  diagrammaa  auivanta 
illuatrant  la  mAthoda. 


i 

2 

3 

4 

5 

6 

»*Jt 


->-»  ..   t' 


BEHRIN6  SEA  CLAIMS  COMMISSION. 


APPENDICES 


TO 


RECORD  OF  EVIDENCE 


, 


APPENDIX    "A." 

PLEADINGS.  /"o"ivc/v> 


^^C 


VOL.    III. 


APPENDIX    "B."  > 

EXHIBITS. 


APPENDIX  "A." 


PLE  A  DI  NGS. 


Table  of  Contknts. 


Claim  No.  I  "Carolena." 

I'AUK 

Claim  of  Her  Britannic  Majosty I 

Answer  of  the  United  States. ..". 2 

Reply  of  Her  Britannic  Majesty :{ 

Claim  No.  2  "Thoknton." 

Claim  of  Her  Britannic  Majesty 5 

Answer  of  the  United  States."... <» 

Reply  of  Her  Britannic  Majesty 7 

Claim  No.  ;j  "  Onward."' 

Claim  of  Her  Britannic  Majesty !♦ 

Answer  of  the  United  States 10 

Reply  of  Her  Britannic  Majesty 11 

Claim  No.  4  "  Favourite." 

Claim  of  Her  Britannic  Majesty 13 

Answer  of  the  United  States 13 

Reply  of  Her  Bi  itannic  Majesty 14 

Claim  No.  5  *'  Black  Diamond." 

Claim  of  Her  Britannic  Majesty Hi 

Motion  to  Dismiss U! 

Stipulation 17 

Claim  No.  (>  "Savward." 

Claim  of  Her  Britannic  Majesty 18 

Answer  of  the  United  States 1» 

Reply  of  Her  Britannic  Majesty _ 20 

Claim  No.  7  "Anna  Beck." 

Claim  of  Her  Britannic  Majest v 22 

Answer  of  the  United  States./ 23 

Reply  of  Her  Britannic  Majesty 24 

Claim  No.  >s  "  Alfred  Adams." 

Claim  of  Her  Britannic  Majesty 26 

Answer  of  the  United  States 26 

Reply  of  Her  Britannic  Majesty o" 

Claim  No.  9  "Dolphin." 

Claim  of  Her  Britannic  Majesty 2» 

Answer  of  the  United  States  ." 30 

Reply  of  Her  Britannic  Majesty ..."  31 

Claim  No.  lo  "Grace." 

Claim  of  Her  Britannic  Majesty 33 

Answer  of  the  United  States 34 

Reply  of  Her  Britannic  Majesty '...'.'..  35 

Claim  No.  11  "Ada." 

Claim  of  Her  Britannic  Majesty 3«5 

Motion  to  Dismiss,  in  pai"t 37 

Answer  of  the  United  States '.'. " "  38 

Reply  of  Her  Britannic  Majesty 39 


I!  T.ABI.K  tiK  CUNTKMS. 

Claim  No.  Ii'  "Thu'MPH." 

Claim  of  Her  Hritunnic  Majesty 40 

Aiisw(}r  of  tlio  11  iiitcd  States    41 

Hoply  of  Hor  Hi  itamiic  Majesty 4*2 

Claim  No.  i:i  '•.Iiamta." 

Claim  of  Her  Rritamiir  Majesty 4!$ 

Answer  of  the  liiited  States.. 4H 

Reply  of  Hit  Britannic  Majesty   44 

Claim  No.  14  "  I'.xthkindek." 

Claim  of  Her  Mritannic  Majesty 4rt 

Answer  of  the  I'liited  States 4r> 

Reply  of  Her  Britannie  Majesty 47 

Claim  No.  I.")  "  Bh.vcK  Diamond." 

Claim  of  Her  Biitamiict  Majesty .  4l» 

Answer  of  the  United  States.  .1 5(» 

Reply  of  Britaniiie  Majesty 51 

Claim  No.  1(1  "  fiiiA'." 

Claim  of  Her  Britannic  Majesty .'>2 

Answer  of  the  United  States .58 

Reply  of  Her  Britannic  Majesty 54 

Claim  No.  17  "  Minnie." 

Claim  of  Her  Britannic  Majesty 55 

Answer  of  the  United  States. .    ... 5<1 

Reply  of  Her  Britannic  Majesty 57 

Claim  No.  is  ""  -iumph." 

Claim  of  Hor  Britannic  Majesty 5rt 

Answer  of  the  United  States 5H 

Reply  of  Her  Britannic  Majesty 5!» 

Claim  No.  lit  ".\uiEL." 

Claim  of  Her  Britannic  Majesty «1 

Answer  of  the  United  States (»l 

Reply  of  Her  Britannic  Majesty iV> 

Claim  No.  2(i  "  Kate." 

Claim  of  Her  Britannic  Majesty «14 

Answer  of  the  United  States «i4 

Reply  of  Her  Britannic  Majesty «>5 

Claim  No.  21  "  Pathfindek." 

Claim  of  Her  Britannic  Majesty fl7 

Answer  of  the  United  States 08 

Claim  No.  22  "  Henrietta." 

Claim  of  Her  Britannic  Majesty t« 

Answer  of  the  United  States 7o 

Claim  No.  28  "Ohcak  and  Hattie." 

Claim  of  Her  Britannic  Majesty 72 

Answer  of  the  United  States 73 

Claim  No.  24  "  Winifked." 

Claim  of  Her  Britannic  Majesty 75 

Answer  of  the  United  States 75 

Claim  No.  25  "  Wandeker." 

Claim  of  Her  Britannic  Majesty 77 

Answer  of  the  United  States 78 

Claim  No.  2(>  "Sayward"  case. 

Claim  of  Her  Britannic  Majesty 79 

Motion  to  dismiss " 80 


APPENDIX  "A." 


lO 


Oommisalonen  under  the  Convention  of  February 

8,  1806,  between  CJreut  Uritulii  and  the 

United  States  ul  Anifrlca. 


PLEADINGS. 


20  IN  THE  MATTER  OF  THE  CLAIM  OP  IIKR  BUITANNIC 
MAJESTY  AUISINCJ  OIT  <»K  TAK  KEIZJ  UE  OF  THE 
SCHOONEU  "CAUOLENA." 


OL..Iii  x^o  1 


/•tlttl  .\utrmhrr  ','4,  IHOO, 


30 


1.  The  "Cnrolfiui"  was  a  IJiitmli  schooui-r  rcgislered  at  the 
Port  of  Victoria,  ItritiHJi  Coiniultia. 

2.  On  or  about  tlu-  2(tth  May.  188«.  the  "Curolena"  sailed 
from  Victoria,  ilritish  Colunibia,  hoimd  on  a  Healing  voyace 
to  the  Nortli  I'aciHc  Ocean  and  Helning  Sea.  U.r  inaBter 
was  James  Ogilvie;  her  male  was  James  Bhike.  She  car- 
ried a  crew  of  nine  sailors  and  hunters,  and  was  fully  eqiiinp- 
ed  for  said  voy.ige,  and  for  the  hiinlinR  and  capture  of  seals 

3.  On  the  1st  day  of  August,  18S«,  whilst  in  the  Behrine 
Sea.  in  north  latitude  55.3(1,  west  longitude  108.53.  and  dis- 
tant about  seventy  miles  from  the  nearest  land,  the  'Caro 

40  lt"*i  ,  "^  *''^"  '"wfully  engaged  in  the  taking  of  seals  at 
that  place,  was  seized  by  the  United  States  revenue  cutter 
•Corwm." 

4.  The  "Carolena"  was  towed  by  said  cutter  to  Ounalaska 
and  there  dismantled,  and  such  proceedings  were  afterwards 
had  and  taken  in  the  United  States  District  Court  of  Alaska 
at  the  instance  of  th^  Oovernment  of  the  United  States  of 
Anierica,  that  the  said  schooner,  her  tackle,  apparel,  outfit 
and  cargo  were  condemned  for  a  violation  of  the  municipal 
laws  of  the  United  States  of  America  relating  to  seal  fishing 
m  the  waters  of  Alaska,  and  detained  under  such  condemna- 
tion until  after  Ihc  month  of  December,  1887,  when  the  return 
of  the  said  schooner  was  offered  but  not  accepted  on  the 
ground  that  the  vessel  had  been  practicallv  wK'cked  in  the 
meantime 

5.  By  reason  of  tlie  premises  further  prosecution  of  the  said 
sealing  voyage  during  the  year  1880  was  wholly  prevented, 
and  the  owner  of  said  schooner  was  also  prevented  from  using 
her  fop  the  purposes  of  seal  hunting  during  the  year  1887,  as 
he  otherwise  would  have  done;  and  finally  the  s.iid  schooner. 

°°  her  tackle,  apnarel.  outfit  imd  cargo,  were  wholly  lost  to  those 
interested  in  the  snme.  and  other  loss,  dnmaire  and  exDonse 
were  suffered  and  incurred  by  the  persons  so  interested. 

0.  Under  the  facts  ns  found  in  the  award  of  the  Paris  Tri- 
bunal of  Arbitration,  the  said  seizure,  condemnation  and 
detention  were  without  nnv  warrant  or  right  according  to  the 
principles  of  international  law.  and  Her  Britannic  Ma.irsty 
claims  that  full  and  complete  compensation  should  be  made 
by  the  Oovcrnment  of  the  United  States  of  America  to  the 


SO 


(Cluim  No.  1.) 

Ooverninent  of  Uvr  Britannic  MiiJoHty  fur  all  loaa  therebj 
»UHtuinL'd. 

7.  Tht>  cluim  uitulv  fur  thu  Iuhs  iiriHiiig  uut  uf  t!ic>  prcMiiisuH 
is  tliu  mini  of  f']U,(M)0  uud  inluroHt  tbvreuii  from  tliv  dute  of 
losa  ut  tilt'  rut>>  of  hi'Vvq  per  c-i>iitiitn  per  uuiiuiii. 

8.  In  uddiliuu  tu  the  above,  u  fiirtUer  amount  Ih  t-luimed 
for  the  improp.>r  urreut,  imprlHunment  and  detention  by  the 

lO  United  Htutea  niilhontleH  of  ■lames  O^ilvie  and  .lanieH  Ulake, 
OH  nniHler  and  mate  re8|H'etivel,v  of  the  Raid  sehouner. 

1>.  .lameH  Opilvie,  un  the  arrival  of  the  Hchooner  at  Uunu- 
luHltH,  wnH  placed  under  arreHt,  taken  to  Hitka,  and  there 
ihnrKed  before  the  I'niled  HtateH  District  <  ourt  of  Ahsku 
with  a  violation  of  tiie  miinicipHi  laws  of  the  United  Htates 
of  America  relating;  ro  seal  flMhin^  in  the  waters  of  Alaska. 
Before  the  trial  he  was  sufTered  to  wander  into  the  woods, 
whore  he  was  found  dead. 

10.  James  Blake,  on  the  arrival  of  the  "Caiolenn"  at  Ouna- 
20   laskn,  was  placed  imder  arrest,  taken  to  Hitka,    and    there 

charped  before  the  said  court  with  a  similar  violatbm  of  the 
municipal  laws  of  the  United  Htates  of  .\merica  relatini;  to 
seal  flshine  in  the  wnters  of  Alaska,  and  on  such  cbarKo  was 
found  pnilty  and  condemned  to  pay  a  tipo  of  f3(M)  and  to  be 
imprisoned  at  Hitka  for  the  space  of  thirty  days,  which  term 
of  imprisonment  li(>  underwent. 

11.  .\t  the  expiration  of  such  term  of  imprisonment  the  said 
James  Blake  was  released,  but  was  then  wholly  without 
means  of  8\ibsis(ence,  and  no  provision  was  made  by  the  said 

3°  authorities  for  his  return  to  his  home.  The  said  James 
Blake  subsequently  found  his  way  back  to  Victoria  after  in- 
curring Rrent  hardship  and  loss  in  so  doinir. 

12.  Under  the  above-mentioned  (indinpr  of  facts,  tiie  arrest, 
imprlHonnient  and  detention  of  the  said  James  Opilvie,  and 
the  arrest,  imprisonment,  detention  and  condemnation  of  the 
said  James  Bl.ike  were  illepril,  .Mnd  Tier  Britannic  Majesty 
claims  that  full  and  complete  comitensniion  should  be  made 
in  the  premises  by  the  Oovernment  of  llie  T'nited  Htates  of 
America  t»t  the  riovernment  of  Tier  Britannic  Majesty. 

1.^.  The  claim  made  for  the  wronprs  aforesaid  to  James 
Offilvie  is  the  ^nm  of  12.500.  with  Intenst  from  Ist  Aupust. 
1880,  at  seven  per  centum  per  annum. 

H.  The  claim  made  for  the  wroncs  aforesaid  to  James 
Blake  Is  ♦2.E500.  with  interest  from  the  1st  August.  1880.  at 
the  rate  of  seven  per  centum  per  annum. 


40 


50 


ANSWER  OP  THE  UNITED  STATES. 

ritnt  yowmhur  na,  tHtm 


60 


1.  They  admit  that  on  or  about  Aupust  1st,  1886,  at  a  dis- 
tance of  about  seventy-five  miles  from  the  nearest  land,  the 
said  vessel,  the  'Tarolena,"  was  seized  by  the  United  Htates 
revenue  cutter  "Corwin,"  and  that  said  seizure  was  made  in 
Berinp  Hea  and  was  ratifl«'d  and  adopted  by  the  Government 
of  the  United  Htates. 

But  It  is  averred  on  the  part  of  the.  United  Htates.  that  the 
said  seizure  was  made  in  pood  faith,  by  officers  of  the  United 
Htates.  within  the  line  of  their  duty  under  the  authority  and 
mandate  of  the  municipal  laws  of  the  United  States,  for  a 
violation  of  the  statutes  of  the  Ignited  Htates.  and  such  seiz- 
ure was  rntifled  and  -idopted  in  srood  faith  bv  the  Oovernment 
of  the  United  States  as  for  a  violation  of  their  said  statutes. 

2.  The  United  Htates  aver  th.nt.  beforp  at  the 
time    of,     and     after     the     seizure     of     the     said     vessel, 


(Claim  Mo.  1.) 

tlif  tuitd  vi'Hwl,  her  apimrvl,  ontflt  and  «argo,  were 
wholly  or  in  pint  (lu'  iitlual  piopcrt.v  of  a  lUlzeu 
orclti'zvUH  of  (hi*  Initnl  SlattH,  iin«l  furtliur  thai  at  the  tiniiH 
afurcitahl  tin-  lH-n«'ti*-lal  inli'ivMi  in  III*-  wliol«>  or  a  jtart  of  iiii> 
Maid  vcHMt'l,  h«>r  a|t|>ar«-l,  ontitt  and  rarKo,  were  poHm-Mwd  and 
owned  by  a  cilizvn  or  fitizenii  of  the  I'uiltMl  HlatoH 
and  thai  lior  Mild  voyaf(i>  waH  iMiliM-ed  upon  and  proH«><-iitcd, 

IQ  in  wholu  or  in  part,  for  the  bcnt'lit  of  a  i-ltiz<>u  or  cili/.fiiN  of 
tlif  (nihd  Hiatt'H. 

a.  Aa  to  s«>mt'  of  the  8taU>in«>nta  of  di'lail  and  fact  in  para* 
grapliH  nuinb«*r<-d  '2,  :t,  4  and  5  in  the  said  claim  of  II«*r  Urit- 
nnnle  Majo8l,v,  llie  roprt'st-utativcH  of  tlit-  llnll<'d  Ktatt'H  have 
no  Miiflicicnt  knowli-dpo,  and  n»  to  Huch  of  them  aa  may  Im> 
held  material  the  I'nited  HiateH  invite  and  re(|uire  authentic 
and  Muitahle  proofs  before  the  lli((h  ComniiHHioners. 

1.  As  to  paragraph  numbered  5  in  said  Claim,  the  United 
Htates  will  submit  to  the  lligh  Commissioners  and  will  insist 

ao  that  tliey  are  noi  liable  for  damai;es  for  the  detentio..  of  sueb 
vessel  when  I  hi;  si'izure,  as  is  alleged  and  shown  in  said 
i^laim,  resulted  in  the  totiil  loss  to  the  owners  of  the  vessel, 
her  outfit,  apparel  and  cargo,  as  of  the  time  of  mMd  s*  izure; 
and  that  in  any  ev<-nt  the  damages  therein  suggested  and 
elaimed  are  of  the  n:iture  of  proH|>eclive  profits  and  specula- 
tive damages,  hu  uncertain  as  to  form  no  legal,  eipiitable  or 
suitable  basic  for  a  tinding  of  fact  upon  which  an  assessment 
thereof  can  be  predicated. 

5.  The  United  Htatts  will  further  insist  that,  so  f:ir  as  a 

30  proper  claim  for  damagt  s  for  total  loss  is  concerned,  the  state 
ment  of  the  loss  alleged  in  paragraph  7  as  having  ariseu  >ut 
of  the  Slid  seizure  is  gcossly  excessive. 

0.  As  to  the  further  amount  claimed  for  the  alleged  im- 
proper arrest,  imprisonment  and  detention  of  James  Ogilvie 
and  James  RIake,  persons  employed  upon  said  vessel  at  the 
time  of  her  seizure,  the  United  States  admit  the  arrest  as 
stated,  but  deny  the  imprisonment  and  statements  of  fact 
incident  thereto  as  detailed  in  the  statement  of  the  Rritish 
Claim;  and  they  aver  that  such  arrests  and  all  subsequent 

^  proceedings  thereon  by  the  officials  of  the  United  States  were 
made,  entered  upon,  and  had,  in  good  faith,  under  the  man- 
date and  authority  of  the  municipal  laws  of  the  United 
States,  for  a  violotion  of  the  statutes  of  the  United  States; 
and  they  aver  that  the  only  damages  to  be  considered,  in  case 
of  any  liability  on  the  part  of  the  United  States  for  such  ar- 
rests and  detentions,  are  those  for  actual  pecuniary  loss  and 
are  not  in  their  natuie  punitive  or  aggravated  damages. 

7.  The  United  States  do  not  admit  any  liability  on  this 
SO  claim. 


REPLY  OF  HER  BRITANNIC  MAJESTY. 

Filed  Itecrmbtr  1,  moa. 


1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1,  4,  5 
^  and  6  of  the  reply  of  the  United  States,  except  in  so  far  as 
they  contain  admissions. 

2*.  In  further  answer  to  the  second  part  of  said  paragraph 
1,  Her  Britannic  Majesty  submits  that  the  same  constitutes 
no  defence  to  Her  Majesty's  claim,  or  any  part  thereof. 

.1.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above-nam«'d  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  the  Commissiocers,  acting  under  the  Buhring  Sea 


Ill 

f 


(Claim  No.  I.) 

4.  And  In  thenltpmntivunnd  in  fnrnMT  nnawpr  to  Miid  mir- 

Huiulry  cnn  Ik- c-nlen-d  n,M,n,  It  nhould  Ih>  limited  to  U,e„m.«! 

tlon  of  the  nctujil  o« neiKhip  of  u...  Hald  vewel  only,  and  t  int 

,0   ;'"«?'■♦«••"'•""♦•;'"'.  "'"1  Hhould  not  ,a  „„.v  event*  .Jtendni 

o  the  iH'neflelnl  interert  in  the  whole  or  a  pnrt  of  the  veL"l 

iM-r  apparel,  on.lil  .,„,!  ,,,r^„;  „,  „«  ,„  „,,  ,.„„.^  her  voZe 

WHH  entered  upon  and  ,.nme.»te.l  in  whole  or  in  part  S    h . 

»M.net  t  of  a  eltiren  or  vUmm  of  the  Tnited  RtateN 

5    In  further  nnHwe-   to  said  paraprnph  2.  Her  Uritannic 

'°   vSn"  n'""".-,"'"^./''"  •"•"?  "'  •'"'  ""'"•'nl'  «♦"•  ^Mmn  Con 
\pntion.  the  nlloffationn  eontaino«l  in  tlie  naid  Reply,  even  If 

proved   do  not  oonHtltnte  any  defence  to  the  Claim"  for  eom 

JH-nnatlon  Het  forth  in  the  miid  Statement  of  Claim 


s 

IN  TIIK  MATTKIl  OK  TIIK  ri.AIM  (»F  IIKK  imiTAXXIO 
MA.IKHTY  AHIHINU  Ol  T  OK  TIIK  HKIZI'UK  OK  TIIK 
KTKA.M  HCIIOUNKH  "TIIOKNTON." 

CLAIM  Mo.  S. 


rilr*  Surrmhrr  V4,  >MIM. 


lO 


20 


30 


40 


SO 


60 


1.  The*  "Tliuriilou"  wiim  u  llritiHli  ■team  si-lioonvr  registered 
ut  the  I'url  uf  Victoria,  Uritish  Uulumblu. 

2.  On  ur  ubuiil  tiie  Kitii  Miiv,  1H8(>,  the  "Thorntuii"  Milled 
from  Victoria,  llritisli  Culiimliia,  buuiul  on  a  Healing  voyage 
to  tlie  North  I'aciiic  Ocean  an  I  Itehring  Hea.  Uer  niaHter 
waH  llaiiH  OulioruiHcu,  and  tier  mate  wan  Harry  Norman. 
Site  carried  a  crew  of  tliirteen  men,  and  was  fully  equipped 
for  Haid  voyage  and  for  tlie  hunting  and  capture  of  HealH. 

:i.  On  tlie  iMt  Augimt,  IfSHti,  whiUt  in  the  Behring  Heu,  iu 
iiorlh  latitude  .M.iS;  weHl  longitude  1(>8.44,  and  distant  about 
seventy  iiiileM  from  the  iieareHt  land,  tli4>  "Thornton"  being 
then  lawfully  eiiKuged  in  tlie  taking  of  seals  at  that  place, 
was  Keixed  by  lb*:  United  Htatcs  revenue  cullc"  '"Jorwin." 

4.  The  "Thornton"  was  towed  by  ihe  said  cutw  ■.  to  Ouua- 
laska  and  tlien^  disiicintled,  and  such  proceedings  w  .-re  after- 
wards had  and  taken  in  the  United  Htates  District  Court  of 
.Maska,  at  the  instance  of  the  Uovernment  of  tlir  United 
Htates  of  America,  that  tlie  said  scliooner,  '  '  tuckie,  a]ipaiel 
outtlt  and  cargo,  were  coudeiiiiied  for  a  violation  t/f  the  luu- 
nil  ipal  laws  of  the  Ignited  Htates  of  America  relating  to  seal 
liftuing  in  the  waters  of  Alaska,  and  detained  umler  Hiich  con- 
demnation tiiilil  after  the  mouth  of  December,  iHS7,  when  the 
return  of  the  said  scliooner  was  olercd,  but  wuh  nut  accepted, 
on  the  ground  that  the  vessel  had  been  practically  wrecked 
in  the  meantime. 

5.  Uy  reason  of  the  premises  further  pros«*cutiou  of  the  said 
sealing  voyage  for  the  year  188G  was  wholly  prevented,  and 
Ihe  owner  of  said  scliooner  was  also  prevented  from  using 
her  for  the  purpose  of  seal  hunting  during  the  year  1887,  us 
lie  otherwise  would  have  done,  and  linully  the  said  schooner, 
her  tuckie,  apparel,  outfit  and  cargo,  were  wholly  lost  to  those 
interested  iu  the  same. 

U.  Under  the  facts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal of  Arbittatiou,  the  seizure,  condeniiiation  and  deten- 
tion of  the  said  schooner  was  without  warraut  or  right  ac- 
cording to  th«>  principles  of  international  law,  and  Uer  Urit- 
aiinic  Majesty  ilaiiiiH  that  full  and  complete  comjiensntiou 
should  be  made  by  tlie  Ooveriimeut  of  the  United  States  of 
.Vmerica  to  the  Government  of  Uer  Britannic  Majesty  for  all 
loss  thereby  sustained. 

7.  The  claim  iriade  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  f:t2,()UU,  and  interest  thereon  from  the  date  of 
loss  at  the  rate  of  si'ven  jK-r  centum  per  annum. 

8.  In  addition  to  the  above  a  further  amount  is  claimed  .for 
the  lmpro|M»r  arrest,  imprisonment  and  detention  by  the  Unit- 
e<l  States  authorities  of  Hans  GuttorniHeii  and  Harry  Nor- 
man, as  master  and  mate  res|)ectively  of  the  said  schooner. 

9.  Hans  Guttorms(>ji,  on  the  arrival  of  the  "Thornton"  at 
Ounalaska,  was  placed  under  arrest,  taken  to  Sitka,  and  there 
charged  befoi-e  *he  said  court  wi''i  a  violation  of  the  munici- 
pal lows  of  the  United  States  of  America  i-elating  to  seal  fish- 
ing in  the  waters  of  Alaska,  and  on  such  charge  was  found 
guilty  and  condemned  to  pay  a  fine  of  |500  ai.J  to  be  impris- 
oned at  Sitka  for  a  space  of  thirty  days,  which  term  of  im- 
prisonment he  underwent. 

10.  Harry  Norman,  on  the  arrival  of  the  "Thornton"  at 
Ounalaska,  was  placed  under  arrest,  taken  to  Sitka,  and  there 


(Claim  \o.  2.) 

charged  before  the  said  court  with  a  similar  violation  of  the 
municipul  laws  of  the  United  Htates  of  America  relating  to 
seal  Ushing  in  the  waters  of  Alaska,  and  on  such  charge  was 
found  Pfuilty  and  cond(>mned  to  pay  a  line  of  I^MMJ  and  to  be 
imprisoned  at  Sitka  lor  a  space  of  thirty  days,  which  terra  of 
imprisonment  he  und(  rwent. 

11.  At  the  expiratitm  of  such  term  of  imprisonment  the  said 
,Q   Hans  Outtormwin  and  lliiriy  Norman  were    released,    but 

were  then  wholly  witliout  means  of  subsistence,  and  no  pro 
vision  was  madi  by  the  said  authorities  for  the  return  of  the 
Kaid  lians  <Juttormm>n  and  Llarry  Norman  to  their  homes; 
and  they  subsequently  found  their  way  back  to  Victoria  after 
incurring  great  hardsliip  and  loss  in  so  doing. 

12.  Under  th<!  abovc-mentionrd  findings  of  fact,  the  arrest, 
imprisonment  and  il<>tention  of  the  said  Hans  Outtormsen 
and  Hairy  Norman  were  illegal,  and  Her  Rritannic  Majesty 
claims  that  full  and  tomplete  compensation  should  be  made 

20   in  the  premises  by  tlie  (rovernment  of  the  United  States  of 
.vmerica  to  the  Oovcrnnieiit  of  Her  Britannic  Majesty. 

1.1.  The  claim  made  for  tlic  wrongs  aforesaid  to  Hans  Out- 
tormsen is  till'  sum  of  .«2.r»(H»,  with  interest  from  tin-  1st 
August,  1886,  ar  seven  per  centum  per  annum. 

14.  The  claim  Jnade  for  the  wrongs  aforesaid  to  Harry  Nor- 
man is  f 2,500,  with  interest  from  tlie  1st  August,  1880,  at  the 
rate  of  seven  per  centum  per  annum. 


30 


ANSWER  OF  THE  UNITED  STATES. 


FilFit  Korrmbrr  •4M,  IHIHt. 


50 


1.  They  admit  that  on  or  about  August  1st,  1886,  at  a  dis- 
tance of  about  seveuty-tive  miles  horn  the  nearest  land,  the 
said  vessel  "Thornton"'  was  seized  by  the  United  States  rev- 
enue cutter  "Uorwin,"'  and  tiiat   said  seizure  was  made    in 

4°  Behring  Sea  and  was  ratified  and  adopted  by  the  Goverament 
of  the  United  States.  , 

Hut  it  is  averred  ou  the  part  of  the  United  States,  that 
the  said  seizure  was  made  in  g<tod  faith,  by  ofiicers  of  the 
United  States,  within  tlie  line  of  tlieir  duty  under  ilie  author- 
ity and  mandate  of  I  lie  municipal  laws  of  the  United  States, 
for  a  violation  of  tlie  statutes  of  the  United  States,  and  such 
seizure  was  ratified  and  adopted  in  good  faith  by  the  Govern- 
ment of  the  United  States  as  for  a  violation  of  their  said 
statutes. 

2.  TheUnited  States  aver  that,  before,  at  the  time  of,  and 
after  the  seizure  of  the  said  vessel,  the  said  vessel,  her  ap- 
parel, outfit  and  cargo.  wei«'  wholly  or  in  part  the  actual  pro- 
perty of  a  citizen  or  citizens  of  the  Uiiit«'d  Slates,  and  further 
that  at  the  times  aforcsjiid  the  beneficial  interest  in  the  whole 
or  a  jKirt  of  tlie  said  vessel,  her  apparel,  outfit  and  cargo,  was 
possessed  and  owned  by  a  citizen  or  citizens  of  the  United 
States,  and  that  her  said  voyage  was  entered  upon  and  jiros*"- 
cuted.  in  whole  tir  in  i>arl.  for  the  benefit  of  a  citizen  or  citi- 
zens of  the  United  Sla'es. 

.'{.  As  to  some  of  tlie  slatenicnts  of  d(  ta'l  and  fact  in  para- 
graphs numbered  2.  :$.  4,  and  5  in  the  said  claim  of  Her 
Hritannic  Miijesty.  the  representsitives  of  the  United  States 
have  no  suflicieiil  Unowledue.  and  as  to  such  of  them  as  may 
be  held  material  the  United  States  invite  and  require  authen- 
tic and  suitable  proofs  before  the  High  Uoiiiinissionei-s. 

4.  .\s  to  paragraph  numbered  H  in  said  Claim,  the  Unite«l 
States  will  submit  to  the  High  Coinniissi«mer8  and  will  insist 


60 


(Claiai  No.  2.) 

that  tlwy  111'*'  nut  liable  for  diiiiiap'K  for  the  detention  of  suoli 
vtHiHel  wlien  tlie  seizure,  aH  in  iillef;ed  and  Hliown  in  Haid 
Claim,  resulted  in  the  total  Iohs  to  the  owners,  of  the  Tessel, 
her  outfit,  apparel  and  ear^o,  as  of  the  time  of  said  seizure, 
and  that  in  any  event  the  dama);es  therein  suggested  and 
claimed  are  of  the  nature  of  prospeetive  profits  (»r  speculative 
damages,  so  Hnct>rtain  as  to  forn.  no  legal,  equitable  or  suit- 
lO  able  basis  for  ti  finding  of  fact  u]ion  which  an  assessment 
thereof  can  be  predicated. 

5.  The  United  States  will  further  insist  that,  so  far  as  a 
proper  claim  for  damages  for  total  loss  is  concerned,  the 
statement  of  the  loss  alleged  in  paragraph  7  as  having  aiisen 
out  of  the  said  seizure  is  grossly  excexsive. 

(>.  As  to  the  further  amount  claimid  for  the  alleged  impro- 
per arrest,  imprisonment  and  detention  of  Hans  Uuttormsen 
and  Harry  Nornmn,  perscms  employed  upon  said  vessel  at 
the  time  of  her  seizure,  the  United  States  admit  the  arrests 
as  stated,  but  deny  the  im])risonnient  and  the  statements  of 
facts  incident  thereto  as  detailed  in  the  statement  of  the 
liritish  Claim;  and  they  aver  that  such  arrests  and  all  sub- 
sequent i»rocwdings  thereon  by  the  oflicials  of  the  United 
States  were  made,  entered  upcm  and  had,  in  good  faith,  under 
the  mandate  and  authority  of  the  municii)al  laws  of  the 
United  States,  for  a  violation  of  the  statutes  of  the  United 
States;  and  they  aver  that  the  only  damage  to  be  considered, 
in  case  of  any  liability  on  the  part  of  the  United  States  for 
such  arrests  and  detentions,  are  those  for  actual  pecuniary 
loss  and  are  not  in  their  nature  punitive  or  aggravated  dam- 
ages. 

7.  The  United  States  do  not  admit  any  liability  on  this 
claim. 


20 


30 


40 


REPLY  OF  HER  BRITANNIC  MAJESTY. 

tUrtI  Itrrrmhi  v  I,  ISUtl. 


1.  Her  Britannic  M-ijesty  joins  issue  on  paragraphs  1,  4,  5 
and  G  of  the  reply  of  the  United  Staes,  except  in  so  far  as 
they  contain  admissions. 

2.  In  further  answer  to  the  second  part  of  said  paragrapb 
1,  Her  Britannic  Majesty  submits  that  the  same  constitutes 
im  defence  to  Her  Majesty's  claim,  or  any  part  thereof. 

50  '.i.  As  to  parairraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  scl'ooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  *lmt  it  is  not 
open  to  the  (.'ommissioneis,  ai.ting  under  the  Behring  Sea 
Claims  Convention,  t<,  enquire  as  to  her  ownership,  the  said 
finding  cf  acts  being  conclusive  so  far  as  this  Commission  is 
concerne*'. 

4.  And  in  the  alternative  and  in  further  answer  to  said 
paragraph  2,  Her  Britannic  Majesty  submits  that  even  if  such 
enc|uiry  <  an  be  entered  upon,  it  should  be  limited  to  the  ques- 
00  tion  of  the  actual  ownership  of  tlie  siiid  vessel  only,  and  that 
as  between  nations,  and  should  not  in  any  event  extend  as  to 
the  benelicial  interer.t  in  the  whole  or  n  part  of  the  vessel, 
her  apparel,  outfit  and  caigo;  or  as  to  whether  her  voyage 
was  entered  upau  and  |irosecu!ed  in  whole  or  in  part  for  the 
benefit  of  a  citi/en  or  .iiizens  of  the  United  States. 

r».  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  of  the  allegations  of  fact  there- 
in contained. 


(Claim  No.  2.) 

0.  Hor  Britannic  Majesty  further  Hubmits  that,  accordinir  to 
the  principles  of  international  law,  the  pract  ce  obtihfjn^ 
among  nations,  and  the  terms  of    he  LffinJ  La  Si"*^ 

if  proved,  do  no-:  constitute  any  defence  to  thp  rini™  #i^'^ 
pensation  set  forth  In  the  sallsSeS  of  cS™"  '"'  '^'^- 


IN  THE  MATTER  OF  THE  CLAIM  OP  HER  BRITANNIC 
MAJESTY  AKISINiJ  OIT  OF  THE  SEIZURE  OF  THE 
SCHOONER  "ONVVARU." 

CLAIM  No.  3 


IQ 


20 


30 


40 


50 


60 


fllrd  \»nimher  M,  tuna 

1.  The  "Onwaid"  waa  a  British  schooner  registered  at  the 
I'ort  of  Victoria,  Briiisb  Columbia. 

2.  On  or  about  tlie  10th  day  of  June,  1886,  tlie  "Onward" 
sailed  from  tlie  Wes<:  Coast  of  Vancouver  Island,  bound  on  a 
sealing  voyage  to  tlie  North  Pacific  Ocean  and  Behring  Sea. 
Her  master  was  Daniel  Muuro  and  her  mate  was  John  Mar- 
gotich.  She  carried  a  crew  of  twenty  sailors  and  hunters, 
and  was  fully  equipped  for  said  voyage  and  for  the  hunting 
and  capture  of  seals. 

3.  On  the  2nd  day  of  August,  whilst  in  the  Behring  Sea, 
in  north  latitude  54.32,  and  west  longitude  107.55,  and  dis- 
tant about  115  miles  from  the  nearest  land,  the  "Onward" 
being  then  lawfully  engaged  in  the  taking  of  seals  at  that 
place,  was  seized  by  the  United  States  revenue  cutter  "Cor- 
win." 

4.  The  "Onward"  was  towed  i)y  the  said  cutter  to  Ouna- 
laska,  and  there  dismantled,  and  such  proceedings  were  after- 
wards had  and  taken  in  the  United  States  District  Court  of 
Alaska,  at  the  instance  of  the  (Jovernment  of  the  United 
States  of  America,  that  the  said  schooner,  her  tackle,  apparel, 
outfit  and  cargo,  were  condemned  for  a  violation  of  the  mu- 
nicipal laws  of  the  United  States  of  America  relating  to  seal 
fishing  in  the  waters  of  Alaska,  and  detained  under  such  con- 
demnation until  after  the  month  of  December,  1887,  when  the 
return  of  the  said  schooner  was  offered,  but  not  accepted,  on 
the  ground  that  the  vessel  had  been  practically  wrecked  in 
the  meantime. 

5.  By  reason  of  the  premises  further  prosecution  of  the  said 
sealing  voyage  during  the  year  188C  was  wholly  prevented, 
and  the  owner  of  said  schooner  was  also  prevented  from  us- 
ing her  for  the  purpose  of  seal  hunting  during  the  year  1887, 
as  he  otherwise  would  have  done;  and  finally  the  said  schoon- 
er, her  tackle,  :ipparcl,  outfit  and  cargo,  were  wholly  lost  to 
those  interested  in  the  same,  and  other  loss,  damage  and  ex- 
penses were  suit'ered  and  incurred  bv  the  persons  so  interest- 
ed. 

6.  Under  the  tacts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal of  Arbitration,  the  said  seizure,  condemnation  and  de- 
tention were  williout  warrant  or  right  according  to  the  prin- 
ciples of  international  law,  and  Her  Britannic  Majesty  claims 
Ihat  full  and  complete  compensation  should  be  made  by  the 
Government  of  the  United  States  of  America  to  tlie  Oov- 
trnmeut  of  Her  Britannic  Majesty  for  all  loss  thereby  sus- 
tained. 

7.  The  claim  made  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  f'2!),000,  and  interest  thereon  from  the  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 

8.  In  addition  to  the  almve,  a  furlluT  amount  is  claimed 
for  the  improper  arrest,  imprisonment,  condemnation  and  de- 
tention by  the  United  Slates  authorities  of  Daniel  Munroe 
and  John  Margotich,  as  master  and  mate  respectively  of  the 
said  schooner. 

!).  Daniel  Munroe,  on  tlie  arrival  of  the  "Onward"  at  Ouna- 
laska,  was  placed  under  arrest,  taken  to  Sitka,  and  there 
charged  before  the  United  States  District  (^Jourt  of  Alaska 
with  a  violation  of  the  mnnicipal  laws  of  the  United  States  of 
America  relating  to  neal  fishing  in  the  waters  of  Alaska,  and 


to 

(Claim  No.  3.) 

en  such  charge  was  found  guilty  and  condemned  to  pay  a 
fine  of  |500  and  to  be  imprisoned  at  Bitlta  for  a  space  of  thir- 
ty days,  which  lerm  of  imprisonment  he  underwent. 

10.  John  Margotich,  on  the  arrival  of  the  "Onward"  at 
Oiinalaska,  was  plaivd  under  arrest,  taken  to  Bitka,  and 
there  charged  before  the  said  court  with  a  similar  violation 
of  the  municipal  laws  of  the  (Tnited  States  of  America  relat- 

lO  ing  to  seal  fishing  in  the  waters  of  Alaska,  and  on  such 
charge  was  found  guilty  and  condemned  to  pay  a  fine  of  f3(N) 
and  to  be  imprisoned  at  Sitka  for  the  space  of  thirty  days, 
which  term  of  imprisonment  he  underwent. 

11.  At  the  expiration  of  such  term  of  imprisonment  the  said 
Daniel  Munroe  and  John  Margotich  were  released,  but  were 
then  wholly  without  means  of  subsistence,  and  no  provision 
was  made  by  the  said  authorities  for  the  return  of  the  said 
Daniel  Munroe  and  John  Margotich  to  their  homes;  and  they 
subsequently  found  their  way  back  to  Victoria  after  Incur- 

20  ring  great  hardship  and  Iosh  in  so  doing. 

18.  Under  the  above-mentioned  findings  of  fact,  the  arrest, 
imprisonment  and  detention  and  condemnation  of  the  said 
Daniel  Munroe  and  John  Margotich  were  illegal,  and  Her 
Britannic  Majesty  claims  that  full  and  complete  compensa- 
tion should  be  made  in  the  premises  by  the  Government  of 
the  United  States  to  the  Government  of  Her  Britannic  Ma- 
jesty. 

13.  The  claim  made  for  the  wrongs  aforesaid  to  Daniel  Mun- 
roe is  the  sum  of  f2,&0<),  with  interest  from  the  2nd  day  of 

3*^  August,  1886,  at  the  rate  of  seven  per  centum  per  annum. 

14.  The  claim  made  for  the  wrongs  aforesaid  to  John  Mar- 
gotich is  the  sum  of  $2,500,  with  interest  from  the  2nd  day 
of  August,  1886,  at  the  rate  of  seven  per  centum  per  annum. 


40 


ANSWER  OP  THE  UNITED  STATES. 

FHed  Kcremher  XH,  tSM. 


50 


1.  They  admit  that  on  or  about  August  2nd,  1886,  at  a  dis- 
tance of  about  one  hundred  and  fifteen  miles  from  the  nearest 
land,  the  said  vessel  "Onward"  was  seized  by  the  United 
States  revenue  cutter  "Corwin,"  and  that  said  seizure  was 
made  in  Behring  Sea  and  was  ratified  and  adopted  by  the 
Government  of  the  United  States. 

But  it  is  averred  on  the  part  of  the  United  States,  that  the 
said  seizure  was  made  in  good  faith  by  officers  of  the  United 
States,  within  the  line  of  their  duty  under  the  authority  and 
mandate  of  the  municipal  laws  of  the  United  States,  for  a 
violation  of  the  statutes  of  tlie  United  States,  and  such  seiz- 
ure was  ratified  and  adopted  in  good  faith  by  the  Govern- 
ment of  the  United  States  as  for  a  violation  of  their  said 
statutes. 

2.  The  United  States  aver  that,  before,  at  the  time  of,  and 
after  the  seizure  of  the  said  vessel,  the  said  vessel,  her  ap- 
parel, outfit  and  cargo,  were  wholly  or  in  part  the  actual  pro- 

60  perty  of  a  citizen  or  citizens  of  the  Ignited  Stf.teB,  and  further 
that  at  the  times  aforesaid  the  beneficial  interest  in  the  whole 
or  a  part  of  the  said  vessel,  her  appar(>l,  outfit  and  cargo, 
was  possessed  and  own<Ml  by  a  citizen  or  citizens  of  the 
T'nited  States,  and  that  her  said  voyage  was  entered  upon 
and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of  a  citi- 
zen or  citizens  of  tlie  United  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numbered  2,  3.  4,  and  5  in  the  said  Claim    of    Her 


II 

(Claim  No.  3.) 

Britannic  Majesty,  tlie  ri-pri-SfnlativeH  of  the  United  States 
have  no  sufficient  l(nowled|;(>,  and  as  to  such  of  them  as  may 
be  held  material  the  United  States  invite  and  i-equire  authen- 
tic and  suitable  proofs  before  the  Hi);li  Commissioners. 

4.  As  to  paragraph  numbered  5  in  said  Claim,  the  United 
States  will  submit  to  the  High  Commissioners  and  will  insiMt 
that  they  are  not  liable  for  <hnnages  for  the  detention  of  such 
vessel  when  the  seizure,  as  is  alleged  and  shown  in  said 
Claim,  resulted  in  the  total  loss  to  the  owners,  of  the  vessel, 
her  outfit,  apparel  and  cargo,  as  of  the  time  of  said  seiEure: 
and  that  in  any  event  the  damages  therein  suggested  and 
claimed  are  of  the  nature  of  pronpcctive  profits  and  specula- 
tive damiiges,  so  uncertain  as  to  form  no  legal,  equitable  or 
suitable  basis  for  a  flnding  of  fact  upon  which  an  asHCKsment 
thereof  can  be  predicated. 

5.  The  United  States  will  further  insist  that,  so  far  as  a 
proper  claim  for  damages  for    total  loss  is    concerned,  the 

20  statement  of  Die  loss  alleged  in  paragraph  7  as  having  arisen 
out  of  the  said  seizure  is  grossly  excessive. 

♦J.  As  to  the  further  amount  claimed  for  the  alleged  im- 
proper arrest,  impriMonment  and  detention  of  Daniel  Munroe 
and  John  Margoticli,  persons  employed  upon  naid  vessel  at 
the  time  of  her  seizure,  the  United  States  admit  the  arrests 
as  stated,  but  deny  the  imprisonment  and  the  statements  of 
fact  incident  thereto  as  detailed  in  the  statement  of  the  Brit- 
ish Claim;  and  they  aver-that  such  arr(>sts  and  all  subsequent 
proceedings  thereon  by  the  officials  of  the  TTnited  States  were 

3°  made,  entered  upon  and  had,  in  goo<l  faith,  under  the  man- 
date and  authority  of  the  municipal  laws  of  the  United 
States,  for  a  violation  of  the  statutes  of  the  United  States; 
and  they  aver  that  the  only  damages  to  be  considered,  in  case 
of  any  liability  on  the  part  of  the  United  States  for  such  ar- 
rests and  detentions,  are  those  for  actual  pecuniary  loss  and 
are  not  in  their  nature  punitive  or  aggravated  damages. 

7.  The  United  States  do  not  admit  any  liability  on  this 
claim. 

40 


REPLY  OP  HER  BRITANNIC  MAJESTY. 


ritrd  becrmbtr  1,  laUB. 


1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1,  4,  6 
eo  and  6  of  the  reply  of  the  United  States,  except  in  so  far  as 

tliey  contain  admissions. 

2.  In  further  auswer  to  the  second  part  of  said  paragraph 
1,  Her  Britannic  Majesty  submits  that  the  same  constitutes 
no  defence  to  Her  Majesty's  claim  or  any  part  thereof. 

3.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  schooner  was  found  by  tlie  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  Biitish  vessel,  and  submits  that  it  is  not 
open  to  the  Commissioners,  acting  under  tli(>  Behring  Sea 
Claims  Convention,  to  enquire  as  to  her  ownerfhip;  the  said 
6o  finding  of  facts  being  conclusive  so  far  as  this  Commission  is 
concerned. 

4.  And  in  the  alternative  and  in  further  answer  to  said  par- 
agraph 2,  Her  Britannic  Majesty  submits  that  even  if  such 
enquiry  can  be  entered  upon,  it  should  be  limited  to  the  ques- 
tion of  the  actual  ownership  of  the  said  vessel  only,  and  that 
as  between  nations,  and  should  not  in  any  event  extend  as 
to  the  beneficial  interest  in  the  whole  or  h  part  of  the  vessel, 
her  apparel,  ontflt  and  cargo;  or  as  to  whether  her  voyage 


(Cljijm  No.  .'{.) 
therein  contained  ^         *^®   allegations  of  fact 

to%?;;in"c7Xtf  ?;a«r^^^^^^^^     *^  --^'-^ 

lo  «monR  nations,  and  Z  tepmrif  th^  «\^!?''="''£  *'''*«*°'°« 
Convention,  the  ane,„'ttnl'S.Ld  in  ^ tfd  Si.f '''"" 
If  prov,Ml,  do  not  constitute  anv  defenci  to  tlie  ol W"  ^''^" 
pensatlon  set  forth  In  the  «aid  8?„;:^ent  o/'^^  '"''  ^'""^ 


13 

IN  THE  MATTER  OP  THE  CLAIM  OP  HER  BRITANNIC 
MAJESTY  ARISING  FROM  THE  WARNING  OUT  OP 
THE  BEURING  SEA  OF  THE  SCHOONER  'FA- 
VOURITE." 

OLAIM  No.  4. 


FU*4  Movrmhtr  »4,  IHBH. 


lO 


20 


30 


1.  Tile  "Favourite"  wiis  a  Itritish  B«-houuei-  registered  at 
tlie  Port  of  \'ietoria,  Brltinh  Columbia. 

2.  TowaitlB  tlie  end  of  May,  188«,  the  "Favourite"  Hailed 
fitjin  \'ictoria,  British  Columbia,  bound  on  a  uealing  voyage 
to  the  North  I'ncittc  Ocean  and  Behring  "Sea.  Her  uiaMter 
was  Alexander  McLean.  She  i-arried  a  crew  of  twenty-three 
sailors  and  hunters,  besides  her  master  and  mate,  and  was 
fully  equipped  for  said  voyage,  and  for  the  bunting  and  cap- 
ture of  seals. 

:t.  On  the  second  day^  of  August,  1886,  whilst  in  the  Beh- 
ring  Sea,  in  North  Latitude  54  :»2,  and  West  Longitude  167 :55, 
and  distant  about  one  hundred  and  fifteen  miles  from  the 
nearest  land,  the  "Favourite"  being  then  lawfully  engaged 
in  the  taking  of  seals  at  that  place,  was  hailed  by  the  United 
States  revenue  cutter  "Corwin,"  who  had  then  in  tow  the 
seized  schooners  "Thornton"  and  "Carolena,"  and  ordered  to 
cease  sealing  and  leave  Behring  Sea  forthwith,  under  threat 
that  she  would  be  seized  if  she  did  not  comply  with  such  or- 
der. 

4.  The  master  of  the  "Favourite,"  in  order  to  avoid  seizure, 
and  believing  that  if  he  remained  in  Behring  Sea  his  vessel 
and  crew  would  be  taken  as  threatened  by  the  commander  of 
the  "Corwin,"  and  for  no  other  reason,  at  once  made  all  sail 
and  left  the  Behring  Sea. 

5.  By  reason  of  the  pi-emises  the  further  prosecution  of  the 
said  sealing  voyage  during  the  year  1S80  was  wholly  prevent- 
ed, and  other  loss  and  damage  was  suffered  by  those  interest- 
ed in  said  voyage  and  schooner. 

(i.  I'nder  the  facts  as  found  in  the  Award  of  the  Paris 
Tribunal  of  Arbitration,  the  ordering  of  the  said  schooner 
"Favourite"  out  of  the  Behring  Sea  In-  the  I'nited  States 
revenue  cutter  "Corwin'.'  was  without  any  warrant  or  right 
according  to  the  principles  of  international  law,  and  Her  Brit- 
annic Majesty  claims  that  full  and  complete  compensation 
should  be  made  by  the  Government  of  the  United  States  of 
America  to  the  Government  of  Her  Britannic  Majesty  for  all 
loss  thereby  sustained. 

7.  The  claim  mndo  for  the  lo'ss  arising  out  of  the  premises 
50  is  the  Slim  of  |7,000,  with  interest  thereon  from  the  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 


40 


ANSWER  OP  THE  UNITED  STATES. 


60 


1.  They  admit  that  on  or  about  August  2,  1886,  at  a  dis- 
tance of  about  one  hundred  and  fifteen  miles  from  the  near- 
est land,  the  "Favourite"  was  hailed  by  the  United  States 
revenue  cutter  "Corwin"  and  warned  to  cease  sealing  in  Beh- 
ring Sea  and  ordered  to  leave  Behring  Sea.  and  that  the 
"Corwin"  was  a  public  armed  vessel  of  the  TTnited  States,  act- 
ing under  the  ihstruetions  of  that  Government  to  seize  all 
vcBseU  engaged  in  killing  fnr  seal  in  Bering  Sw  after  giying 


lO 


14 

(Claim  No.  4.) 

due  notice,  and  that  tlie  "Favoarite,"  wbon  warned  and  noti- 
fied, was  engaged  in  fur  sealing  or  prosecuting  a  voyage 
for  tliat  purpose,  and  that  the  action  of  tlie  said  "Corwin"  in 
so  warning  and  notifying  the  said  "Favourite"  was  adopted 
by  the  Oovernment  of  tlie  United  Htates.  But  it  is  averred 
on  the  part  of  the  United  States,  that  the  said  warning  and 
notice  were  given  in  good  faith  by  ofBcers  of  the  United 
States,  within  the  line  of  their  duty,  under  tlie  authority  and 
mandate  of  the  municipnl  laws  of  th^e  United  States,  and  snch 
warning  and  notice  were  adopted  in  good  faith  by  the  Gov- 
ernment of  the  United  States  as  an  act  to  restrain  a  viola- 
tion of  their  statutes. 

2.  The  United  States  aver  that  before,  at  the  time  of,  and  af- 
ter the  said  warning  and  notice  to  the  said  vessel,  the  said  ves- 
sel, her  apparel,  outtit  and  cargo,  w<>re  wholly  or  in  part  the 
actual  property  of  a  citizen  or  citizens  of  the  United  States, 
and  further  that  at  the  limes  uforesaid  the  beneficial  interest 
20  in  the  whole  or  a  jwrt  of  the  sa'd  vessel,  her  apparel,  outfit 
and  cargo,  was  possessed  and  owned  by  a  citizen  or  citizens 
uf  the  United  States,  and  that  her  said  voyage  was  entered 
upon  and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of 
a  citizen  or  citizens  of  the  United  States. 

8.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numbered  2,  3,  4,  and  5  in  the  said  Claim  of  Her  Brit- 
annic Majesty,  ;he  representatives  of  the  United  States  have 
no  suflicient  knowledge,  and  as  to  such  of  them  as  may  be 
held  material  the  United  States  invite  and  require  suitable 
authentic  proofs  before  the  High  Commissioners. 

4.  The  United  States  furtlier  reply,  as  to  paragraph  num- 
bered 5  of  the  said  Claim,  that  the  said  sealing  voyage  of  the 
"Favourite"  was  not  wholly  prevented  by  the  said  warning 
and  notice  and  that  no  loss  or  damage  was  suffered  by  those 
interested  in  the  said  voyage  and  the  said  schooner. 

5.  The  United  States  does  not  admit  any  liability  on  this 
Cl^im. 


30 


m 


40 


REPLY  OF  HER  BRITANNIC  MAJESTY. 


FUeit  Deremher  8,  1899. 


1.  Her  Britaunic  Majesty  joins  issue  on  paragraphs  1  and 
4  of  the  reply  of  the  United  States,  except  in  so  far  as  they 

50  contain  admissions. 

2.  In  further  answer  to  the  averments  contained  in  said 
paragraph  1,  Her  Britannic  Majesty  submits  that  the  same 
constitutes  no  defence  to  Her  Majesty's  claim  or  any  part 
thereof. 

3.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above  named  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  the  Commissioners,  acting  under  the  Behring  Sea 
Claims  Convention,  to  enquire  as  to  her  ownership;  the  said 

50  finding  of  facts  being  conclusive  so  far  as  this  Commission 
is  concerned. 

4.  And  in  the  alternative  and  in  further  answer  to  said 
paragraph  2,  Her  Britannic  Majesty  submits  that  even  if 
such  enquiry  can  be  entered  upon,  it  Rhould  be  limited  to  the 
question  of  the  actual  ownership  of  the  said  vessel  only,  and 
that  as  between  nations,  and  should  not  in  any  event  extend 
as  to  the  beneficial  interest  in  the  whole  or  a  part  of  the  ves- 
sel, her  apparel,  outfit  and  cargo,  or  as  to  whether  her  voyage 


IS" 

(Claim  No.  4.) 

WM  entered  upon  for  the  benefit  of  a  citizen  or  citisena  of  the 
United  States. 

6.  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  eacli  and  I'wry  of  Ihe  allegations  of  fact 
therein  contained. 

G.  Her  Britannic  Majesty  further  submits  that  according 
to  the  principles  of  international  law,  the  practice  obtaining 
lO  among  nations,  and  the  terms  of  the  Beliring  Sea  Claims  Con- 
vention, the  allegations  contained  in  the  snid  Reply  even  if 
proved,  do  not  constitute  any  defence  to  the  Claim  for  com- 
pensation set  forth  in  the  said  Statement  of  Claim. 


T 


t6 

IN  THE  MATTER  OF  TUK  CLAIM  OF  HEB  BRITANNIC 
MAJESTY  ARIHINQ  OUT  OF  THE  ORDERIXO  FROM 
BEURING  8EA  OF  THE  SCHOONER  "BIACK  DIA- 
MOND." 

CLAIM  No.  S. 


lO 


30 


30 


40 


SO 


t'Iha  Nonmbrr  »4,  IHIM. 

1.  The  "Black  Diamond"  is  a  Britiiih  scliooner,  registered 
ut  tlie  {lort  of  Victoria,  British  Columbia. 

2.  In  the  month  of  February,  188G,  the  "Black  Diamond" 
sailed  from  Virloria,  Britiah  (Columbia,  bound  on  a  sealing 
voyage  to  the  Xortii  I'ariflc  Ocean  and  Behring  Sea.  She 
carried  a  crew  of  four  seamen  and  sixteen  Indian  hunters, 
besides  her  master  aud  mate,  and  was  fully  equipped  for  the 
hunting  and  capture  of  seals. 

3.  The  "Black  Diamond"  lawfully  pursued  the  object  of 
her  voyage,  namely,  the  capture  of  fur  seals,  until  the  Ist  day 
of  July,  1886,  when  she  entered  the  port  of  Ounnlaska.  Ai 
this  port  the  United  Stntes  Collector  of  Customs  gave  the 
master  verbal  orders  to  leave  Behring -Sea  and  cease  sealing 
^herein,  claiming  that  the  Behring  Ren  belonged  exclusively 
to  the  United  States  of  .\ni.:'ricn. 

4.  After  the  said  warning  the  "Black  Diamond"  continued 
seal  hunting  in  Behring  Sen  until  the  2nd  day  of  August,  on 
which  day  her  mastuT  was  informed,  as  the  fact  was,  that 
three  schooners  had  been  seized  by  the  Ignited  States  cutter 
"Corwin"  for  8(>f)ling  in  Behring  Sea.  and  that  they  had  been 
towed  to  Ounalaskn. 

5.  By  reason  of  such  information,  and  in  pursuance  of  the 
orders  received  from  the  Collector  of  Customs  at  Ounalaska. 
the  master  of  the  "Hlnrk  Diamond,"  fearing,  and  having  rea- 
son to  fear,  that  his  schooner  would  be  seized  by  order  of  the 
Government  of  (heThited  States  of  America,  if  he  c<mtinued 
to  hunt  in  the  Behring  Sea.  and  for  no  other  reason,  sailed 
from  Behring  Sea  for  Victoria,  and  abandon«'d  his  voyage. 

C.  By  reason  of  tlTw  premis«'H  the  furtlier  prosecution  of  the 
said  sealing  voyiige  during  tlie  year  ISSfi  was  wholly  prevent- 
ed, and  other  Iohs,  d.image  and  expense  were  suffered  and  in- 
curred by  the  owner  and  others  interested  in  the  said  Sfhoon- 
er.  her  cargo  and  sealing  voyage. 

7.  Under  the  facts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal of  .\rbitration.  the  ordering  of  the  schooner  "Black 
Diamond"  out  of  Behring  Sea  by  the  U^nited  States  authori- 
ties was  without  any  warrant  or  right  nccordiner  to  the  prin- 
ciples of  international  law,  and  Her  Britannic  Majesty  claims 
that  full  and  complete  compensation  should  be  made  by  the 
Government  of  the  TTnited  States  to  the  Government  of  Her 
Britannic  Majesty  for  all  loss  sustained  thereby. 

8.  The  claim  made  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  J^T.-'iflO,  and  interest  thereon  from  the  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 


60 


MOTION  TO  DISMISS, 


The  counsel  of  the  United  States,  distingnishing  this  claim 
from  Claim  No.  15,  Avhich  is  filed  before  the  Commissioners 
in  respect  of  the  vessol  of  the  same  name,  identified  as  having 
been  "warned"  on  .July  11  ISSO,  move  the  High  Commission- 
ers to  dismiss  from  consideration  the  demand  of  the  Govern 


(Cliiini  No.  5.) 

mont  of  Ort'at  Oritnin  oinbrncetl  and  deficribi'd  In  Claim  No. 
Ti  118  abov«-  dt'HciilH'd  and  tipt'ciflod. 

Tlu«  Krounds  of  tlit-  fon-goiug  motion  are  that  as  to  said 
(laim  in  \vliol<>  or  in  part: 

1.  No  qnostion  of  fact  Involved  thcroin  was  Ruhmittpd  to 
th«'  Tribunal  of  Arbitration  constitnti-d  nndor  the  Treaty  con^ 
clndod  at  Wasliinfftor  on  the  29th  of  February,  1892,  between 

10  the  TTnited  States  and  Great  Britain  in  accordance  with  Arti- 
cle Vlir.  of  the  said  Treaty. 

2.  The  said  Claim  No.  5  was  not  embraced  in  (he  Schednle 
of  the  British  case,  papes  1  to  60,  inclnsive.  as  prewnted  to 
the  said  Tribunal  of  .\rbitrntion. 

■;.  It  was  not  included  or  referred  to  in  .\rtich'  IX  of  tho 
Award  of  the  said  Tribunal  of  .\rbitration. 

4.  It  was  not  embraced  in  the  Convention  between  the 
Fnited  States  and  Orent  Britain  for  the  settlement  of  claims 
presented  by  Great  Britain  npainpt  the  United  States,  in 
virtue  of  the  Treaty  of  February  2!»th,  1S92,  which  Conven- 
tion was  ratified  by  the  President  of  the  United  States.  April 
2.1rd.  1896,  and  by  Her  Brit.innic  Majesty,  May  14th,  1890, 
and  under  which  the  High  Commissioners  were  appointed. 

5,  And  the  said  Claim  No.  5,  in  behalf  of  Great  Britain, 
claiming  compensation  from  the  T'nited  States,  did  not  arise 
by  virtue  of  the  Treaty  aforesaid  or  of  the  Award  and  find- 
ings of  the  said  Tribunal  of  Arbitration,  and  is  not  an  addi- 
tional claim  specified  in  the  fifth  paragraph  of  the  preamble 

30  to  the  said  Convention,  and  is  not  in  the  list  of  the  claims 
intended  to  be  referred,  appended  to  said  Convention,  pointed 
out  as  the  claims  intended  to  be  referred  in  Article  1  of  said 
Convention. 

(Signed.)  DON  M.  DICKINSON, 

(Signed.)  ROBERT  LANSING, 

Counsel  for  the  United  States. 


ao 


40  Oommissionen  under  the  Oonvention  of  Febmary  8,  1896,  between 
Great  Britain  and  the  United  States  of  America. 

Ohamben  of  the  Legislative  Assembly, 

At  Victoria,  B.  0.  January  22,  1897. 

It  is  stipulated  and  agreed  by  Counsel  for  Her  Britannic 
M.ijesty  and  the  United  States,  subject  to  the  sanction  of  the 
Commissionerej,  that  the  Claim  No.  5,  resting  on  the  alleged 
warning  of  the  schooner  "Black  Diamond"  in  1886,  and  the 
,Q  personal  claim  of  James  Gaudin  included  in  Claim  No.  II. 
may  be  proceeded  witli  by  tlie  Commissioners  for  the  iturjiose 
of  reporting  facts  and  conclusions  to  our  respective  Govern- 
ments fcr  their  infonnation,  separately  from  other  claims: 

Provided,  however,  that  the  question  of  jurisdiction  of  the 
Commis8ioner.s  under  the  Convention,  in  respect  of  sail  claims, 
shall  remain  undecided,  but  tlie  Commissioners,  in  their  dis- 
cretion, may  report  tlieir  opinion  on  that  question;  counsel 
intending  to  prejudice  in  no  way  whatever  their  respective 
Governments  in  above  matters. 
60  (Signed.)  DON  M.  DICKINSON. 

Counsel  for  the  United  States. 
(Signed.)  FREDERICK  PRTERS, 

Counsel  for  Great  Britain. 


iS 

IN  THE  MATTKU  OK  TlIK  CLAIM  OF  IIKU  ItUlTANNIO 
MAJESTY  ARISING  Ol'T  OF  TlIK  SEIZUUE  OF  THE 
HCUOONEU  "W.  r.  SAYWAUD." 

CLAIM  No  6. 

ninl  Norrmhrr  94,  IH»H. 


10 


20 


30 


40 


SO 


60 


cn, 

the 
wn- 


1.  The  "W.  P.  Ravward"  wub  u  ItritiHh  schooner  registerfd 
lit  the  Port  of  Vkioria,  Itritish  Ooliiinhia. 

2.  On  the  UUIi  <la.v  of  May,  1887.  the  "W.  P.  Haywurd" 
suIUhI  from  Vieioria,  llriliHli  (.'olunibia,  hoinnl  on  u  Healing 
vo.vaf{«>  to  the  North  Paeltto  Oceiiu  and  Itehring  Sea.  Her 
nuiHter  waM  Oeor^te  E.  Ferey  and  her  mate  waa  Andrew  liainic. 
She  eurried  a  er<>w  of  twenty-three  sailorH  and  hunteni,  and 
waH  fnlly  equipped  for  tlie  Naid  voyage  and  for  the  hunting 
auil  capture  of  Heals. 

.1.  On  the  9th  day  of  July,  1887,  whilst  in  Kehring  Sen,  in 
latitude  r>4.4:i  north,  and  longitude  lti7.ril  west,  and  distant 
about  5!)  miles  from  tlie  nearest  land,  the  "\V.  P.  Saywnrd," 
liefng  then  lawfully  engiified  in  the  taking  of  seals  in  that 
place,  was  seized  by  tlie  United  Stat««s  revenue  cutter  ''Rasb." 

4.  The  "W.  P  Snyward"  was  t«)wed  by  the  said  cutter  to 
Ounnlnska,  and  from  thence  was  ordered  by  the  authorities 
of  fhe  Ignited  States  fJovernnient  to  be  sent  to  Sitka,  together 
wifft  all  her  crew,  in  charge  of  an  odlcer  from  the  said  cutter 
"Rush." 

5.  At  Sitka  such  proceedings  were  afterwards  had  and 
taken  in  the  United  States  District  Court  of  Alaska,  at  the 
instance  of  the  (lovernment  of  tlu-  Ignited  Stat«»s  of  Ann 
that  the  said  s<liooner,  her  tackle,  apparel,  outfit  and  ' 
were  condemned  for  »  violation  of  th<>  municipal  laws  ii 
T'nited  States  of  America  relating  to  seal  Ashing  in  the 
ters  of  Alaska,  and  detained  under  sucli  condemnation  until 
the  15th  day  of  May,  1888,  when  she  was  released  upon  giv- 
ing bonds  for  the  prosecution  of  an  appeal  against  the  said 
condemnation  to  (he  Supreme  Court  of  the  rnit*^!  States  of 
America. 

0.  By  reason  of  the  premist's  the  further  prosecuti»m  of  the 
said  sealing  voyage  during  the  year  1887  was  wholly  pre- 
vented, and  the  owner  of  the  said  "W.  P.  Sayward"  was  also 
deprived  of  the  use  of  the  said  vessel  after  the  closing  of  the 
sealing  season  of  1887  until  the  commencement  of  the  stealing 
season  of  the  year  1888,  during  which  time  she  could  and 
would  have  l)een  profitably  employed  if  she  had  bet-n  in  pos- 
session of  her  owner.  He  was  also  prevented  from  fitting 
her  ont  in  time  to  undertake  a  sea"ng  voyage  during  the 
year  1888,  as  he  otherwise  wotild  have  done. 

7.  When  the  "W.  P.  Snyward"  was  released  as  aforesaid 
she  wap  greatly  deteriorated  in  value  by  reason  of  her  treat- 
ment d  'ing  d«'tention.  and  her  outfit  and  part  of  her  cargo 
were  en  Irely  lost  to  those  interested  in  the  same,  and  other 
loss,  d  ag«'  and  exjiense  were  suffered  and  incurred  by  the 
owner  J  others  tntei-ested  in  the  said  schooner,  her  cargo 
and  sea    ig  voyage. 

8.  Tin  .'  the  facts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal o  \rbitration,  the  said  seizure,  condemnation  and  de- 
tention ere  without  any  warrant  or  right  according  to  the 
principl  i  of  international  law.  and  Her  Britanni*-  Majesty 
<-laim8  that  full  and  complete  compensation  should  Ik'  made 
by  the  Government  of  the  United  States  to  the  Government 
of  Her  Britannic  Majesty  for  all  loss  thereby  sustained. 

9.  The  claim  made  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  *.'{1.flOO.  and  interest  thereon  from  the  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 


M 


la 


lO 


ao 


30 


40 


(V.luUu  No.  «.) 

10.  In  ncWItlon  to  the  abovf  u  fiiitliir  nniount  ia  claimed 
for  llu>  iiii|»ro|MT  ari't>Hl,  iiii|M-iMoiiinfnt  uihI  del  cut  ion  l>.v  tliv 
Uui(«>«i  HlutcH  :iiitlioii(i<  rt  of  (JcorKi-  10.  Vvivy  ami  Amliew 
l^aiiiK.  iiiiiHtcr  and  iiiiil«'  i-i'H|M>cii\i>ly  or'  tlic  Haid  Hrliooiicr. 

11.  (}i'orK<'  K.  Ki'i't'y,  wiicii  tix'  Haid  hi-Iiiioimt  waM  rndKcd, 
waH  plai'cd  iiiidiT  arn-Ht  and  waH  ludd  nndi>r  Hnrli  arri-ttl  until 
(lif  arrival  of  llu'  "\\.  V.  Savward"  at  Sitka,  wlicit'  lit'  wnn 
laloMi  liffon-  a  jimIk*'  of  tlio  rnltfd  Statt'H  UiHtrirl  Court  uf 
AlaHka  and  iMiund  over  to  a))|H>ar  for  trial  on  tlio  22ui.  day 
of  .Vu^UHt  tlu-n  iuHtant,  on  a  cliarK)'  of  luiviuK  violati'd  tli** 
inunit'ipai  Ia>M  of  IIh'  I'nitfd  HtatcH  of  .Xinrrica  rt'lntiuK  tu 
Hfal  fiHiiinK  in  tlif  walt-rH  of  .ViaMka.  PurHuant  to  IiIh  reooK- 
nix.-inct'  tin*  said  (Jcornf  K.  Percy  appeared  i)cfore  file  miid 
eourt  on  t)ie  2'2u<]  da.v  of  .\ii(;uRt,  and  e'lUtinaed  to  do  ho  from 
day  to  day  until  tlie  ittli  day  of  Ktcpemher,  wlien  without  hav- 
ing l>een  tried  on  hu<Ii  eliarp'.  or  any  otiier  eharKe,  he  wnn 
uneonditionally  released. 

12.  Andrew  l.aiuf;,  when  tiie  said  sehooner  waM  seixed.  wnK 
]daeed  under  avrest.  and  was  laid  under  saeli  arrest  until 
the  arrival  of  the  "W.  I'.  Sayward"  at  Sitka,  where  he  was 
Inken  before  a  judjH'  of  llie  Tailed  States  Pistriet  Court  of 
Alaska,  and  hound  over  to  app<>ar  for  trial  on  tlie  L'L'nd  day 
of  Au^ntit  then  instant,  on  a  i-hxrp-  of  liaviuK  violated  the 
municipal  law.^  of  tlie  I'liited  Slates  of  .Vnieriea  relating;  to 
Heal  tisliing  in  llic  waters  of  .Maska.  I'ursuant  to  his  reco|;- 
nizauce,  tlie  said  .\ndrew  haiii^;  appeared  before  llie  said 
court  on  the  22nd  day  of  Au);usi  aforesaitl.  and  continued  to 
do  so  from  day  to  day  until  tlie  Dili  day  of  September.  IHH7. 
when,  without  ••  ivin^  been  tried  on  such  cliaipe  or  any  other 
charge,  lu>  was  uncondilioimlly  released. 

l.'l.  I'nder  the  al>ov<'  inenlioned  findings  of  fact,  the  arrest, 
imprisonnieiit,  biiidiu'r  over  aial  detention  of  the  said  (ieorge 
R.  Percy  and  Aiidrew  Laing  were  illegal,  and  Her  Mrilaniiic 
^Tajenty  claimn  fliat  full  and  e(>iiii>1ele  coni]H>iisation  should 
lie  made  in  Ihr-  premises  by  Hie  (iovernment  of  tlie  United 
States  of  America  to  the  Ciovernmeiil  of  Tier  Rritannic  Ma- 
jesty. 

14.  The  claim  tuade  for  the  wrongs  aforesaid  to  Oeorge  E. 
Percy  is  the  sum  of  !|2.tlfl(»  wifh  inf«>rest  from  ihc  !»tli  day  of 
.Inly.  18S7.  at  the  rate  of  seven  per  centum  per  annum. 

1.^.  The  claim  made  for  the  wrongs  aforesaid  to  Andrew 
Laing  is  the  sum  of  f2.00fl,  with  interest  from  the  Oth  day  of 
July,  1887.  at  the  rate  of  seven  per  centum  per  annum. 


50 

ANSWER  OF  THE  UNITED  STATES. 

1.  They  adn.it  that  on  or  about  July  0,  1887.  at  a  distance 
of  about  fifty-nine  ijiiles  from  the  nearest  land,  the  said  ves- 
sel, the  "W.  P.  Sayward."  was  seized  by  the  Ignited  States 
cutter  "Rush,"  and  that  siiid  seizure  wjs  made  in  Belir- 
60  ing  Sea  and  was  ratifle<l  and  adopted  bv  Ine  Government  of 
the  T'nited  States. 

Rnt  it  is  averred  on  the  part  of  the  TTnited  States  that  the 
said  seizure  was  made  in  good  faitli.  by  olTlccrs  of  the  United 
States,  within  the  line  of  their  duty  under  the  authority  and 
mandate  of  the  municiiml  laws  of  the  United  States,  for  a 
violation  of  the  statutes  of  the  United  States,  and  such  sei- 
zure was  ratified  and  adopte<l  in  good  faith  by  the  Oovemment 
of  the  United  States  as  for  a  violation  of  their  said  statutes. 


n 


30 

(Claim  No.  6.) 

2.  The  United  States  aver  that  before,  at  the  time  of,  and 
after  the  seizure  of  the  said  vessel,  the  said  vessel,  her  ap- 
parel, outfit  and  cargo,  were  wholly  or  in  part  the  actual 
pi-operty  of  a.  citizen  or  citizens  of  the  United  States,  and, 
further,  that  at  the  times  aforesaid  the  bt-neflcial  interest  in 
the  whole  or  a  part  of  the  said  vessel,  her  apparel,  outfit  and 
cargo,  was  possessinl  and  owned  by  a  citizen  or  citizens  of  the 
,Q  United  State*,  and  that  her  said  voyage  was  enteri'd  upon 
and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of  a  citi- 
zen or  citizens  of  the  Unitini  States. 

ii.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graph numbered  2,  3,  4,  .5,  G,  7  and  8  in  the  said  Claim  of  Her 
Britannic  Majesty,  the  representatives  of  the  United  States 
have  no  sufficient  knowh'dge.  and  as  to  such  of  them  as  may 
be  held  material  the  United  States  invite  and  require  authen- 
tic and  suitable  proofs  before  the  High  Commissioners. 

4.  As  to  paragraph  numbered  (5  in  said  claim,  the  United 
20  States  further  reply:  they  admit  that  the  further  pro8«'cution 

of  the  sealing  voyage  of  the  said  "W.  P.  Sayward"  for  the 
year  1887  was  prevented  by  said  seizure,  but  do  not  admit 
that  the  owner  of  the  said  vessel  was  deprived  of  the  use  of 
the  «aid  vessel  thereafter,  or  was  ))revented  from  fitting  her 
out  1  time  to  undertake  a  sealing  voyage  thereafter,  as  al- 
leged in  said  paragi'aph;  and  as  to  lutragniph  7,  the  state- 
ments therein  are  denied. 

5.  The  United  States  aver  that  for  such  loss  as  did  accrue 
on  account  of  said  seizure  the  statement  of  the  amount  of 
the  damages  in  s^aid  claim  is  grossly  excessive. 

fi.  \s  to  the  further  amount  claimed  for  the  alleged  improp- 
er arrest,  imprisonment  and  detention  of  fleorge  E.  Percy 
and  Andrew  I.aing,  persons  employed  upon  said  vessel  at  the 
time  of  her  seizure,  the  United  States  admit  the  arrests  as 
stated,  but  deny  the  imprisonment  and  the  statements  of 
facts  incident  thereto  as  detailed  in  the  statement  of  the  Brit- 
ish claim;  and  they  aver  that  such  arrests  and  all  subsequent 
proceedings  thereon  by  the  officials  of  the  TTnited  States  were 
^o  made,  entered  upon  and  had.  in  good  faith,  under  the  man- 
date and  authority  of  the  municipal  laws  of  the  United  States, 
for  a  violation  of  the  statutes  of  the  United  States;  and  they 
aver  that  the  only  damages  to  be  considered,  in  case  of  any 
liability  on  the  part  of  the  TTnited  States  for  such  arrests 
and  detentions,  are  those  for  actual  pecuniary  loss  and  are 
not  in  their  nature  punitive  or  aggravated  damages. 

7.  The  United  States  do  not  admit  any  liability  on  this 
Claim. 

SO 


30 


REPLY  OF  HER  BRITANNIC  MAJESTY. 

riled  Dreembrr  1,  tH»9. 

1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1,  4,  5 
and  6  of  the  reply  of  the  United  States,  except  in  so  far  as 

6o   they  contain  adnissions. 

2.  In  further  answer  to  the  second  part  of  said  paragraph 
1,  Her  Britannic  Majesty  submits  that  the  same  constitutes 
no  defence  to  Her  Ikfajesty's  claim,  or  any  part  thereof. 

*  .*?.  As  to  paragrapli  2.  Her  Britannic  Majesty  says  that  the 
nbovennuied  schooner  was  found  by  tlie  Tribunal  of  Arbitra- 
tion at  Paris  to  b(>  a  Britisli  vessel,  and  submits  that  it  Is  not 
open  to  the  Conimissioners.  acting  under  the  Behring  Sea 
Claims  Convention,  to  inquire  as  to  her  ownership;  the  said 


^.^1 


21 


(Clsiiiu  Xo.  «.) 

finding  of  facts  being  ioncliiBiv«^  ho  fur  an  this  CunnniHHion  is 
c'onceriu'd. 

4.  And  in  the  alternalive  and  in  further  answer  to  said 
jjaragraph  2,  Her  Britannit-  Majesty  submits  that,  even  if 
KU(!h  inquiry  can  be  entered  upon,  it  should  be  limited  to  the 
question  of  the  actual  ownership  of  the  said  vessel  only,  and 
that  as  between  nations,  and  should  not  in  any  event  extend 

lO  as  to  the  benetlcial  interest  in  tlio  whole  or  a  part  of  the  ves- 
sel, her  apparel,  outfit  and  cargo;  or  as  to  whether  her  voyage 
was  entered  upon  and  prosecuted  in  whole  or  in  part  for  the 
benefit  of  a  citizen  or  citizens  of  the  United  States. 

5.  In  furtlier  answer  to  said  paragraph  2,  Her  liritannic 
Majesty  denies  each  and  evfry  of  the  allegations  of  fact  there- 
in contained. 

6.  Her  Britannic  Majesty  further  submits  that,  according 
to  the  principles  of  international  law,  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Behring  Sea  Claims  Con- 

*■"  vention.  the  allegations  contained  in  the  said  Reply,  even  if 
proved,  do  not  constitute  any  defence  to  the  Claim  for  com- 
jiensntion  set  forth  in  the  said  Statement  of  Claim. 


IN  THE  MATTER  OF  TIIK  ri,AIM  OF  HER  BRITANNIC 
MAJESTY  ARISINO  Ol  T  OF  THE  SEIZURE  OP  THE 
STEAM  SCHOONER  "ANNA   HECK." 


i 


lO 


20 


30 


40 


50 


60 


CLAIM  No.  7. 


tlird  Soremlier  •■i4,  ISIW. 


1.  The  "Anna  Reck"  was  a  Biitisli  steam  schooner  regis- 
tered at  the  Port  of  Victoria.  Hrilisli  Columbia. 

2.  On  the  21st  d-.xy  of  .Maitli,  18S7,  tl»e  "Anna  Beciv"  siiih'd 
from  A'ietoi'ia.  British  Columbia,  bound  on  a  waliuj;  voyage 
to  the  North  I'aeitic  Ocean  and'Behring  Sea.  Her  master 
was  Louis  Olsen  and  her  mate  was  Michael  Keefe.  She  car- 
ried a  crew  of  twenty-one  sailors  and  hunters,  and  was  fully 
equipped  for  said  voyage  and  for  the  hunting  and  capture  of 
seals. 

3.  On  the  2nd  day  of  July,  18.S7,  whilst  in  Beliring  Sea.  iu 
Latitude  54.r)8  nortli,  and  Longitude  167.2U  west,  and  distant 
about  sixtj-six  miles  from  the  nearest  land,  the  "Anna  Beck" 
being  then  lawfully  engaged  in  the  taking  of  seals  at  that 
l)lace,  was  seized  by  the  I'nited  States  revenue  cutter  "Rush." 

4.  After  such  seizure  the  "Anna  Reck"  was.  by  the  author- 
ity of  the  commander  of  tlie  said  cutter,  taken  to  Ounalaska 
and  there  given  in  charge  of  the  authoiities  of  tlu»  LTnited 
States  (jovernment.  and  such  jtroceedings  were  afterwards 
had  and  taken  in  the  United  Slates  District  Court  of  Alaska, 
at  the  instance  of  the  (Jovernment  of  the  I'nited  States  of 
America,  that  the  said  schooner,  her  tackle,  apparel,  <HitHt 
and  cargo  were  ctmdemued  ftir  a  violation  of  tlie  municipal 
laws  of  the  United  States  of  Am  'rica  relating  to  ^eal  fishing 
in  the  waters  of  Alaska,  and  was  detained  under  such  con- 
demnation until  the  2(iih  day  of  March.  ISS!),  when  she  was 
sold  by  authority  of  the  United  States  (iovernment  under 
the  said  condemnation,  her  cargo,  supplies  and  outfit  having 
been  previously  disposed  of  by  directicm  of  (he  said  Ooveni- 
ment. 

.5.  By  reason  of  the  premises  the  further  prosecution  of  the 
said  sealing  voyage  during  the  year  l.'^ST  was  wholly  prevent- 
ed, and  th(>  owner  of  the  said  schooner  ".Vnua  Beck"  was  also 
deprived  of  the  use  of  the  said  vessel  after  the  closing  of  the 
sealing  season  of  1SS7  nntil  the  commencement  of  the  sealing 
season  of  the  year  18SS.  during  which  lini(>  she  could  and 
would  have  been  profitably  employed  if  she  had  been  in  the 
jtossession  of  lii-r  owner.  H"  was  also  pr(  vented  from  fitting 
her  out  to  undertake  a  sealing  voyage  for  the  year  1888,  as 
he  otherwise  would  have  done;  and  the  said  scluxmer,  lier 
tackle,  apitarel.  outfit  and  <..'go  were  whtdly  lost  to  those 
interested  in  the  same,  and  ot  ler  loss,  damage  and  expense 
suffered  and  incurred  by  the  owner  and  others  interested  in 
the  said  schooner,  her  cargo  and  sealing  voyage. 

(t.  Under  the  facts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal of  Arbitration,  the  said  seizure,  condemnation,  deten- 
tion and  sale  were  without  any  warrant  or  right  according 
to  the  principles  of  international  law.  and  Her  Britannic  Ma- 
jesty claims  that  full  and  complete  compensation  should  \w 
made  by  the  (Iovernment  of  the  United  States  of  .\merica 
to  the  (iovernment  <if  Her  Pritannic  Majesty  for  all  loss  sus- 
tained thereby. 

7.  The  claim  made  for  the  loss  arising  out  of  the  premises 
is  the  s\im  of  $:{S.(»flO,  ami  interest  thereon  from  the  date  of 
loss  at  the  i-aie  of  seven  per  centum  pei-  annum. 

8.  In  addition  to  the  above,  a  furtlier  amount  is  claimed 
for  improper  arrest,    impi'isonment    and    detention    l)y    the 


23 


lO 


((J  la  i  III  Xo.  T.) 

United  States  authorities  of  Louis  (ll^en  and  Michael  Keefe, 
as  master  and  mate  respectively  of  the  said  schooner. 

9.  Louis  Olsen,  when  the  said  sehoouei-  was  seized,  was 
placed  under  arrest,  and  held  under  such  arrest  until  the  ar- 
rival of  the  "Anna  Beck"  at  Ounalaska.  At  Ounalaska,  still 
being  under  arrest,  he  was  placed  outboard  the  Aineiiean 
schooner  "ChaileuRe,"  and  iu  her  sent  t«)  Sitka.  On  arrival 
at  Sitka  the  said  Louis  Olsen  was  taken  before  a  judge  of 
the  I'nited  States  District  Court  of  Alaska,  and  there  bound 
over  in  his  own  recognizance  to  appear  before  the  said  court 
on  the  22nd  day  of  August  then  instant  for  trial  on  a  charge 
of  having  violated  the  municipal  laws  of  the  United  States  of 
America  relating  to  seal  tishiug  in  the  waters  of  Alaska. 
Pursuant  to  his  recognizance  the  said  Louis  Olsen  appeared 
before  the  said  Court  on  the  said  22nd  day  of  August,  and 
continued  to  do  so  from  day  to  day  until  the  9th  day  of  Sep- 
tember, 1887,  when,  without    having    been    tried    on    such 

20  charge,  or  on  any  other  charge,  he  was  unconditionally  re- 
leased. 

10.  Michael  Keefe,  when  the  said  schooner  was  seized,  was 
placed  under  arrest,  and  held  under  such  arrest  until  the  ar- 
rival of  the  "Anna  Reck"  at  Ounalaska.  At  Ounalaska.  still 
being  under  arrest,  he  was  placed  on  board  the  American 
schooner  "Challenge."  and  in  her  sent  to  Sitka.  On  arrival 
at  Sitka  the  said  Michael  Keefe  was  taken  before  a  judge  of 
the  United  States  DisU-ict  Court  of  Alaska,  and  there  bound 
over  in  his  ewn  recognizance  to  appear  before  the  said  Court 

30  on  the  22nd  day  of  August  then  instant  for  trial  on  a  charg(> 
of  having  violated  the  municipal  laws  of  the  United  States 
of  America  relating  to  seal  fishing  in  the  waters  of  Alaska. 
Pursuant  to  his  recognizance,  the  said  Michael  Keefe  appear- 
ed before  the  said  Court  on  the  said  22ud  day  of  August,  and 
continued  to  do  so  from  day  to  day  until  the  9th  day  of  Sep 
tember,  1887,  when,  without  having  been  trit^l  on  the  said 
<harge,  or  on  any  other  charge,  he  was  unconditionallv  re- 
leased. 

11.  Under  the  above-mentioned  findings  of  fact,  the  arre.st, 
imprisonment,  binding  over  and  detention  of  the  said  Louis 
Olsen  and  Michael  K(  efe  were  illegal,  and  Her  Britannic  Ma- 
jesty claims  that  full  and  complete  c<nnp<'nsation  should  be 
made  in  the  premises  by  the  Government  of  the  United  States 
<»f  America  to  the  Oovernment  of  Her  Hritannic  Majesty. 

12.  The  claim,  for  the  wrongs  a f on  said  to  Louis  Olsen  is 
the  sum  of  |2.(K»(>.  and  interest  from  the  2nd  day  of  July, 
1887.  at  seven  per  centum  jter  annum. 

1.3.  T!>e  claim  for  the  wronjjs  aforesaid' to  Michael  Keefe 
50  is  the  sum  of  f2.000  and  interest  from  the  2nd  day  of  July, 
1887,  at  seven  per  centum  per  annum. 


40 


ANSWER  OF  THE  UNITED  STATES. 


60 


fUed  November  '-IS,  IHOtt. 

1.  They  admit  that  on  or  about  July  2nd,  1887,  at  a  dis 
tance  of  about  sixty  six  miles  from  the  nearest  land,  the  said 
vessel,  "Anna  Beck,"  was  seized  by  the  United  States  reve- 
nue cutter  "Bush,"  and  that  said  seizure  was  made  in 
Bering  Sea  and  was  ratified  and  adopted  by  the  Government 
of  the  United  States. 

But  it  is  averred  on  the  part  of  the  United  States,  that 
the  said  seizure  was  made  in  good  faith,  by  officers  of  the 


24 


lO 


((Maim  No.  7.) 

United  States,  withiu  tlio  line  of  their  duty  under  tlie  author 
ity  and  mandate  of  the  municipal  laws  of  !he  United  States, 
for  a  violation  of  the  statutes  of  the  United  Statett,  and  such 
seizure  was  ratified  and  adopted  in  good  faith  by  tiie  Govern- 
ment of  the  United  States  an  for  a  violation  of  their  said 
statutes. 

2.  The  United  States  aver  that,  before,  at  tlie  time  of,  and 
after  the  seizure  of  the  said  vessel,  the  said  vessel,  her  ap- 
parel, outfit  and  e^irgo.  were  wholly  or  in  part  the  actual  prop- 
erty of  a  citizen  or  citizens  of  the  United  States,  and  further 
that  at  the  times  aforesaid  the  beneficial  interest  in  the  whoSt 
or  a  part  of  the  said  vessel,  lier  apparel,  outfit  and  cargo,  was 
possessed  and  owned  by  a  citizen  or  citizens  of  the  United 
States,  and  that  her  said  voyage  was  entered  upon  and  prose- 
cuted, in  whole  or  in  part,  for  the  benefit  of  a  citizen  or  citi- 
zens of  the  Ignited  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
20  graphs  numberfd  2,  3,  4  and  5  in  the  said  claim  of  Her  Brit- 
annic Majesty,  Hie  representatives  of  the  United  States  have 
no  sufiicient  knowledge,  and  as  to  such  of  them  as  may  be 
held  material  the  United  States  invite  and  require  authentic 
and  suitable  proofs  before  the  High  Commissioners. 

'1.  As  to  parugrapli  numbered  5  in  said  Claim,  the  United 
States  will  submit  to  the  High  Commissioners  and  will  insist 
that  they  are  not  liable  for  damages  for  the  detention  of  such 
vessel  when  the  seizure,  as  is  alleged  and  shown  in  said 
Claim,  resulted  in  the  total  loss  to  the  owners  of  the  vessel, 
30  her  outfit,  apparel  and  cargo,  as  of  the  time  of  said  seizure; 
and  that  in  any  event  the  damages  therein  suggested  and 
claimed  are  of  The  nature  of  prospective  profits  and  specula- 
tive damages,  so  uncertain  as  to  form  no  legal,  equitable  or 
suitable  basis  for  a  finding  of  fact  upon  which  an  assessment 
thereof  can  be  predicated, 

5.  The  United  States  will  further  insist  that,  so  far  as  a 
proper  claim  for  damages  for  total  loss  is  concerned,  the  state- 
ment of  the  loss  alleged  in  paragraph  7  as  having  arisen  out 
of  the  said  seizure  is  grossly  excessive. 

6.  As  to  the  further  amount  claimed  for  the  alleged  im- 
proper arrest,  imprisonment  and  detection  of  Louis  Olsen  and 
Michael  Keefe,  persons  employed  upon  said  vessel  at 
the  time  of  her  seizure,  the  United  States  admit  the 
arrests  as  stated,  but  deny  the  statement  of  fact 
incident  thereto  as  detailed  in  the  statement  of  the 
British  Claim;  and  they  aver  tliat  such  arrests  and  all  sub- 
sequent proceedings  thereon  by  the  ofilcials  of  the  United 
States  were  made,  entered  upon  and  had,  in  good  faith,  under 
the  mandate  and  authority  of  the  municipal  laws  of  the 
United  States,  for  a  violation  of  the  statutes  of  the  United 
States;  and  they  aver  that  the  only  damages  to  be  considered, 
in  case  of  any  liability  on  the  part  of  the  United  States  for 
such  arrests  and  detentions,  are  those  for  actual  pecuniary 
loss  and  are  not  in  their  nature  punitive  or  aggravated  dam- 
ages. 

7.  The  United  States  do  not  admit  any  liability  on  this 
Claim. 


40 


50 


60 


REPLY  OP  HER  BRITANNIC  MAJESTY. 


tHIrd  Dreembtr  I,  1890, 


1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1,  4,  6 
and  6  of  the  reply  of  the  United  States,  except  in  so  far  as 
they  contain  admissions. 

2.  In  further  answer  to  the  second  part  of  said  paragraph 


(Claim  No.  7.) 

1,  Her  Britanuic  Majesty  submits  that  the  same  constitutes 
uo  defence  to  Her  Majesty's  claim  or  any  part  thereof. 

3.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  the  Commissioners,  acting  under  the  Behring  Sea 
Claims  Convention,  io  inquire  as  to  her  ownership;  the  said 
,Q  finding  of  facts  being  conclusive  so  far  as  this  Commission  is 
concerned. 

4.  And  in  the  alternative  and  in  further  .inswer  to  said  par- 
agraph 2,  Her  Britanuic  Majesty  submits  that  even  if  such 
intjuiry  can  be  entered  upon,  it  should  be  limited  to  the  ques- 
tion of  the  actual  ownership  of  the  said  vessel  only,  and  that 
as  between  nations,  and  should  not  in  any  event  extend  as 
to  the  beneficial  interest  in  the  whole  or  a  part  of  the  vessel, 
her  apparel,  outfit  and  oargo;  or  as  to  whether  her  voyage 
was  entered  upon  and  prosecuted  in  whole  or  in  part  for  the 

20  benefit  of  a  citizen  or  citizens  of  the  United  States. 

5.  In  farther  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  of  the  allegations  of  fact 
therein  contained. 

6.  TFer  Britannic  Majesty  further  submits  that,  according 
to  the  principles  of  international  law,  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Behring  Sea  Claiins 
Convention,  the  allegations  contained  in  the  said  Reply,  even 
if  provcHl,  do  not  constitute  any  defence  to  the  Claim  for  com- 

,Q  pensation  set  forth  in  the  said  Statement  of  Claim. 


T 


I     >\ 


20 


26 

IN  THE  MATTER  OF  TUE  CI.AIM  OF  HER  BRITANNIC 
MAJESTY  ARISING  OUT  OF  .THE  SEIZURE  OP  THE 
SCHOONER  "ALFRED  ADAMS." 

OLAIM  No.  8. 

rtlrd  Morrmbtr  94,  I  Hint. 
10 

1.  Tlie  "Alfred  Adams"  was  a  British  scltoouer  registt'ird  at 
file  port  of  Victoria,  British  Columbia. 

2.  On  or  about  the  last  day  of  tho  montli  of  May,  1H87,  the 
"Alfred  -Vdams"  sailed  from  Victoria,  British  Columbia, 
bouml  on  a  sealing  voyage  to  the  North  Pacific  Ocean  and 
Behring  Sea.  Her  master  was  William  H.  Dyer;  and  she 
carried  a  crew  of  iwenty-four  sailors  and  hunters,  and  was 
fully  e(iuipped  for  said  voyage,  and  for  the  hunting  and  cap- 
ture of  seals. 

3.  On  the  10th  day  of  August,  1887,  whilst  in  the  Behring 
Sea,  in  north  latitude  51.48,  and  west  longitude  167.4i>,  and 
about  R2  miles  from  the  nearest  land,  the  "Alfred  Adams.'" 
being  then  lawfully  engaged  in  tlie  taking  of  seals  at  that 
place,  was  seized  by  the  United  Staies  revenue  cutter  "Rush." 

4.  After  such  seizure  tlie  commander  of  the  said  "Rush" 
caused  the  cargo  of  sealskins,  then  on  board  the  "Alfred  .W- 
ams,"'  and  all  the  firearms,  ammunition  and  Tiulian  spears  to 
be  taken  out  of  her  and  placed  on  board  the  said  cutter;  hv 
also  took  the  ship's  paptrs  of  the  "Alfred  Adams,"  and  then 
order«'d  the  master  of  the  said  ".\lfred  Adams"  +o  proceed 
with  his  schooner  to  Sitka,  and  there  report  to  the  United 
States  District  Attorney  and  Marshal. 

5.  After  parting  company  with  the  "Rush,"  the  Indian 
hunters  on  the  said  "Alfred  Adams"  became  mutinous  on 
heiiring  that  they  were  to  proceed  to  Sitka,  whereupon  the 
master  of  the  "Alfred  .\dains"  jiroceeded  direct  to  Victoria. 

6.  By  reason  of  the  premises  the  further  prosecution  of  the 
said  sealing  voyage  during  the  year  1887  was  wholly  prevent- 

40  ed,  and  the  sealskins,  arms,  ammunition,  ship's  pajiers  and 
other  articles  taken  from  the  said  ".\lfred  vdams"  were  com- 
pletely lost  to  the  owners  and  others  interested  tiierein;  and 
other  loss,  damage  and  expense  were  suffered  and  in- 
purred  by  the  owners  and  othei-s  interested  in  the  said  schoon- 
er, her  cargo  and  sealing  voyage. 

7.  Under  the  facts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal of  Arbitration,  the  said  seizure  of  and  other  interfer- 
ence with  the  said  schooner,  and  the  taking  of  the  said  seal 
skins,  arms,  ammunition,  ship's  papers  and  otlier  articles 
from  the  said  schooner  were  without  any  warrant  or 
right  according  to  the  principles  of  international  law.  and 
Her  Britannic  Majesty  claims  that  full  and  complete  com- 
jiensation  should  be  made  by  the  Government  of  the  United 
States  of  America  to  the  Government  of  Her  Britannic  Maj- 
esty. 

8.  The  claim  made  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  |25,0fl(>,  and  interest  thereon  from  the  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 

60 


30 


SO 


ANSWER  OF  THE  UNITED  STATES. 

Filfil  Korrmlirr  HO,  tHIta. 


1.  They  admit  that  on  or  about  August  10th,  1887,  the  "Al- 
fred Adams"  encountered  the  United  States  revenue  cutter 


27 


(<'laim  No.  s.) 

"Riisli,"  who  liJiilt'd  and  ord<?rfd  lier  to  lu-iive  to,  whith  ordiT 
was  obejt'd,  and  that  tht-reupon  the  said  "Alfred  Adams" 
was  boarded  bj  a  force  from  the  "Rush"  and  the  papers  of 
the  "Alfred  Adams"  were  then  and  there  demanded  and  exam- 
ined; and  then  and  there  the  said  force  formally  seized  the 
"Alfred  Adams"  and  removed  certain  seal  skins  and  arnn 
from  the  ''Alfred  Adams"  to  the  "Rush,"  and  that  the  said 

jQ  "Itush"  placed  on  board  the  "Alfred  Adams"  a  man  from  the 
"Rush."  with  iastriutions  from  the  command«'r  of  the  "Bush" 
to  deliver  the  said  "Alfred  Adams"  to  the  United  States 
authorities  at  Sitka,  but  that  then  and  there  the  "Rush"  de- 
parted, and  flu  "Allied  Adams"  refused  to  and  did  not  recofj;- 
nize  the  seizure,  but  proceeded  upon  her  sealing  voyage  with- 
out further  let  or  hindrance.  Rut  it  is  averred,  on  the  part 
of  the  United  States,  that  the  said  seizure  was 
made  in  good  faith  by  otHcers  of  the  ITnited  States 
within    the    line    of    their   duty   under   the  authority   and 

20  mandate  of  the  municipal  laws  of  the  United  States,  for  a 
violation  of  the  statutes  of  the  L'nited  States,  and  such  seiz- 
ure was  adopted  in  gotid  faith  by  the  Govern- 
ment of  the  United  States  as  for  a  violation  of  their  said 
statutes. 

2.  The  United  States  aver  that,  before,  at  the  time  of,  and 
after  the  said  seizure  of  the  said  vessel,  the  said  vessel,  her  ap- 
parel, outfit  and  cargo,  were  wholly  or  in  part  the  actual  pro- 
perty of  a  citizen  or  citizens  of  the  United  States,  and  further 

-Q  that  at  the  times  aforesaid  the  beneficial  interest  in  the  whole 
or  a  part  of  said  vessel,  her  apparel,  outfit  and  cargo, 
was  possessed  and  owned  by  a  citizen  or  citizens  of  the 
T'nited  States,  and  that  her  said  voyage  was  entered  upon 
and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of  a  citi- 
zen or  citizens  of  the  United  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numbered  2,  3,  4,  5,  6  and  7  in  the  said  Claim  of  Her 
Britannic  Majesty,  the  representatives  of  the  United  States 
have  no  sufficient  knowledge,  and  as  to  such  of  them  as  may 

40  be  held  material  M  e  United  .St\tes  invite  and  require  suitable, 
authentic  proofs  before  the  High  Commissioners. 

4.  The  United  States,  in  further  reply,  aver  that  the  prose- 
cution of  the  said  scaling  voyage,  by  said  search  and  seizure, 
was  not  wholly  lost  to  the  owners  of  the  "Alfred  Adams." 
and  others  interested  therein;  that  the  claim  made  for  such 
loss,  as  is  alleged,  is  grossly  excessiv<';  and  that  there  was  no 
other  loss,  damage  and  expense  snllered  and  incurred  by  her 
owners  and  otiiers  interested  in  the  said  vessel,  her  cargo  and 
voyage. 


50 


.^.  The  United  States  does  not  admit  any  liability  on   this 
Cl'i'm. 


REPLY  OP  HER  BRITANNIC  MAJESTY. 


60 


tUleit  Drfpmhrr  S,  tH»(t. 


1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1  and 
4  of  the  reply  of  the  United  States,  except  in  so  far  as  they 
contain  admissions. 

2.  In  further  answer  to  the  averments  contained  in  said 
paragraph  1,  Her  Britannic  Majesty  submits  that  the  same 
constitutes  no  defence  to  Her  Majesty's  claim  or  any  part 
thereof. 


28 


lO 


20 


(CInlui  No.  8  > 

3.  As  to  parnKra|)h  2,  Tier  Uritannic  Mnjesly  stiys  that  tlio 
above  named  schooner  was  found  bj'  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  the  Commissioners,  acting  under  the  Uehring  Seii 
riaiins  f'onvention,  to  inquire  as  to  lier  ownership;  tlie  said 
flndiuR  of  facts  being  oonolusive  so  far  as  this  Commission 
is  concerned. 

4.  And  in  the  alteniaiive  and  in  furtlier  answer  to  said 
paragraph  2,  Her  Britannic  Majesty  submits  that  even  if 
such  inquiry  can  be  entered  upon,  it  sliould  lie  limited  to  the 
question  of  at-tual  ownership  of  the  said  veswl  only,  and 
that  as  between  nations,  and  should  not  in  any  event  extend 
as  to  the  beneficial  interest  in  the  whole  or  a  part  of  the  ves- 
sel, her  apparel,  outfit  and  cargo,  or  as  to  whether  her  voyage 
was  entered  upon  for  the  benefit  of  a  citizen  or  citizens  of  the 
United  States. 

5.  In  furtlier  answer  to  said  paragraph  2,  Uer  Britannic 
Majesty  denies  each  and  e\ery  oflhe  allegations  of  fait 
therein  contained. 

().  Her  Britannic  Majesty  further  submits  that  according 
to  the  principles  of  international  law,  the  i)ractice  obtaining 
among  nations,  and  the  terms  of  the  BtHiring  Sea  Claims  Con- 
vention, the  allegations  contained  in  the  said  Reply  even  if 
proved,  do  not  constitute  any  defence  to  the  Claim  for  com- 
pensation set  forth  in  the  said  Statement  of  Claim. 


M 


f 
t 


-w 


29 

IN  TUE  MATTER  OF  THE  CLAIM  OF  UEK  BBITANNIO 
MAJEHTY  ARISING  OUT  OF  THE  HEIZURE  OF  THE 
SCHOONER  "DOLrHJN." 

CLAIM  No.  9 


nUd  Sotember  114,  IHB«, 


lO 


1.  The  "Dolphiu"  was  a  British  Hteain  sehooner  rt'glstored 
at  the  Port  of  Victoria,  British  Columbia. 

'2.  The  "Dolphin,"  in  addition  to  being  in  every  way  fitted 
as  a  sealing  vessel,  was  also  fitted  as  a  passenger  vessel,  and 
was  duly  licensed  as  such  by  the  (iovermnent  of  the  Domin- 
ion of  Canada. 

;{.  On  or  about  the  IGth  day  of  May,  1887,  the  "Dolphin" 
sailed  from  Victoria  bound  on  a  sealing  voyage  to  the  North 
Pacific  Ocean  and  iJehiing  Sea.  Her  master  was  James 
20  Douglas  Warren,  and  lier  mate  was  John  Reilly.  She  car- 
ried a  crew  of  twenty-one  sailors  an"3  hunters  and  was  fully 
equipped  for  said  voyage  and  for  the  hunting  and  capture  of 
seals. 

4.  On  the  12th  day  of  July,  1887,  whilst  in  Behring  Sea, 
in  North  latitude  54.38,  and  West  Longitude  167.03,  and 
about  forty  miles  from  the  nearest  land,  the  "Dolphin"  be- 
ing then  lawfully  engaged  in  the  taking  of  seals  at  that  place, 
was  sei/A'd  by  the  liuited  States  revenue  cutter  "Rush." 

5.  After    such    seizure,    an  officer  from  the  "Rush"    was 
30  placed  on  board  the  "Dolphin,"  and  under  his  command  she 

was  taken  to  Ounalaska;  and  afterwards  she  was  sent  in 
charge  of  an  officer  from  the  said  "Rush"  to  Sitka,  and  such 
proceedings  were  afterwards  had  and  taken  in  the  United 
States  District  Court  of  Alaska,  at  Sitka,  at  the  instance  of 
the  Government  of  the  United  States  of  America,  that  the  said 
schooner,  her  tackle,  apparel,  outfit  and  cargo  were  condemn- 
ed for  a  violation  of  the  municipal  laws  of  the  United  States 
of  America  relating  to  seal  fishing  in  the  waters  of  Alaska, 
.Q  and  detained  under  such  condemnation  until  the  26th  day  of 
March,  1889,  when  she  was  sold"  under  such  condemnation 
with  all  belonging  to  her. 

6.  By  reason  of  the  preiuises,  the  further  prosecution  of  the 
said  sealing  voyage  for  the  year  1887  was  wholly  prevented, 
and  the  owner  of  the  said  schooner  was  deprived  of  the  use 
of  the  said  vessel  after  the  closing  of  the  sealing  season  of 
1887  until  the  commencement  of  the  sealing  season  of  the  year 
1888,  during  which  time  she  could  and  would  have  been  pro- 
fitably employed  if  in  the  possession  of  her  owner;  and  the 

50  owner  of  the  said  schooner  was  also  prevented  from  using  her 
for  the  purpose  of  seal  hunting  during  the  year  1888,  and  af- 
terwards as  a  passenger  vessel,  as  he  otherwise  would  have 
done;  and,  finally,  the  said  schooner,  her  tackle,  apparel,  out- 
fit and  cargo  were  wholly  lost  to  those  interested  in  the  same; 
and  other  loss,  damage  and  expense  were  suffered  and  in- 
cun-ed  by  the  owner  and  others  interested  in  the  said  schoon- 
er, her  cargo  and  sealing  voyage. 

7.  Under  the  facts  as  found  in  the  Award  of  the  Paris 
Tribunal  of  Arbitration,  the  said  seizure,  condemnation,  de- 

t)0  tention  and  sale  were  without  any  warrant  or  right  according 
to  the  principles  of  international  law,  and  Her  Britannic 
Majesty  claims  that  full  and  complete  compensation  should 
be  made  by  the  Government  of  the  United  States  of  America 
to  the  Government  of  Her  Britannic  Majesty  for  all  loss  sus- 
tained thereby. 

8.  The  claim  made  for  the  loss  arising  out  of  the  premises 
18  the  sum  of  f 50,000,  and  intei-est  thereon  from  the  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 


(Claiui  No.  U.) 

1).  Ill  tulditioii  to  tlu-  iihov*'  a  fiii-llici-  ainouiit  ih  claiuuHl  foi* 
tht>  iniitroi/ci-  arn-Ht,  iin])riNonia<'nt  and  ih'tciilion  li.v  tlu> 
Tnltcd  HIatcH  aullioriti*-H  of  .lanicH  1>.  Wam-n  and  .loliii 
IMIly,  as  inaHt«'r  and  ina(«'  ivHiM-elivclv  of  the  waid  scliooncr. 
10.  •laiiuH  I).  Warren,  when  llic  Hald  Hclioonoi-  was  m'izcd, 
yvuH  placed  nndei-  aiTcHi,  and  held  undi-i-  huiIi  ari-cHt  until  the 
arrival  of  the  "l»ol|diin"  at  Sitka,  where  he  wan  taken  before 

lO  '^  J»«iK«'  of  the  I'nited  Slates  J)istri(t  t'onrt  of  Alaska,  and 
Itonnd  over  to  appear  for  trial  on  the  L'Und  da.v  of  Au^nHt 
then  instant  on  a  charge  of  havin};  vioiat(>d  the  niuniei]ml 
laws  of  the  Tnited  States  of  America  relatini;  to  seal  flshin); 
in  the  waters  of  Alaska.  IMirsnant  to  his  recojjnizance,  the 
said  James  1).  Warren  appeared  before  the  said  Court  on  thft 
said  2'Jnd  day  of  AuKnst,  and  continued  to  do  so  from  da.v  to 
da.v  until  the  itth  da.v  of  September.  18S7.  when,  without  hav- 
ing been  tried  on  sucli'  charge,  he  was  uncondititmall.v  re- 
leased. 

20  11.  ,Tohn  Heill.v.  when  the  said  schooner  was  seized,  was 
jdaced  iinder  arrest,  and  held  nnder  such  arrest  until  the 
arrival  of  the  "Doli)hin"  at  Sitka,  where  he  was  taken  before 
a  judge  of  the  T'nited  States  District  Tonrt  of  Alaska,  and 
bound  over  to  a])penr  for  trial  on  the  22nd  day  of  August 
then  instant,  on  a  charge  of  having  violated  the  municipal 
laws  of  the  Vnited  States  of  .\nierica  rolalfng  to  seal  fishing 
in  the  waters  of  Alaska.  Pursuant  to  his  recognizance,  the 
said  John  Reilly  anpeared  before  the  said  court  on  the  22nd 
day  of  August  and  continued  to  do  so  until  the  0th  da.v  of 

3°  Sei»t«'mber.  ISST*.  when,  withniit  having  been  tried  on  sncft 
charge,  or  on  an.v  other  charge,  he  was  unconditionally  re- 
leased. 

12.  T'nd<*r  the  above-mentioned  flndmss  of  fact,  the  arrest, 
imprisonment.  bindin<i  over  and  detention  of  the  sa'd  James 
D.  Warren  and  John  Reilly  were  illeiral.  and  Her  'Rritann'c 
Ma.iestv  claims  that  full  and  complete  compensation  shonld 
be  made  in  the  premises  by  the  Oovernment  of  the  Ignited 
States  of  America  to  the  Oovernment  of  Ore^t  Britain. 

13.  The  chiim  made  for  the  wron"s  aforesaid  to  James  D. 
Warren  is  the  sum  of  .^JS.OnO.  with  interest  from  the  12th  day 
of  JuTv.  1SS7.  at  the  rate  of  seven  p-r  centum  per  annum. 

14.  The  claim  made  for  the  wronTS  .'iforesaid  to  John 
Tfeillv  is  the  sum  of  *2  0nn.  with  interest  from  the  12th  day 
of  Jnl.v.  1SS7.  at  the  rate  of  ?even  per  centum  per  annum. 


40 


SO 


ANSWER  OP  THE  UNITED  STATES. 

F««d  Koremlfr  ■■tS,  ISfHl. 


1.  They  admit  that  on  or  about  July  12th,  1887.  at  a  dis 
tanoe  of  about  forty  miles  from  the  nearest  land,  the, 
said  vessel  "Dolphin"  was  seized  by  the  T'nited  States 
revenue  cutter  "Rush."  and  that  said  seizure  was  made  in 
Bering  Sea,  and  was  ratified  and  adopted  It.y  +he  Government 

60  of  the  I'nited  States. 

But  it  is  averred  on  the  part  of  the  United  States,  that  the 
said  seizure  wa.s  made  in  good  faith,  by  oflicera  of  the  Ignited 
States,  within  the  line  of  their  duty  under  the  authority  and 
mandate  of  the  m\inicipal  laws  of  the  United  States,  for  a 
violation  of  the  statutes  of  the  Ignited  States,  and  such  seiz- 
ure was  ratified  and  idopted  in  good  faith  by  the  Government 
of  the  United  Sttites  as  for  a  violation  of  tlieir  said  statutes. 

2.  The    Uiuted      States      aver    that,      before^    at     the 


31 


(Olaiiii  No.  U.) 

time  of,  an«]  after  the  seizure  of  tlie  suid  vewel, 
the  suid  veHKel,  her  apparel,  outfit  and  cargo,  were 
wholly  or  in  pni't  the  actual  property  of  a  citizen 
or  citizens  of  the  United  Hlates,  and  further  that  at  the  times 
afort>t«aid  the  henelicial  interest  in  tlie  wliole  or  a  part  of  the 
said  vessel,  her  apparel,  outfit  and  cargo,  were  possessed  and 
owned  by  a  citizen  or  citizens  of  the  United  Staten 
lO  and  that  her  said  voyafte  was  entered  upon  and  proseculed, 
in  whole  or  in  part,  for  the  benefit  of  a  citizen  or  citizens  of 
the  United  States. 

:<.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
^Miiplis  numbered  'i  :t,  4,  5  and  0  in  the  said  Claim  of  Iler 
Itritannic  Majesty,  the  representatives  of  the  United  States 
hav(>  no  sutticient  knowledge,  and  as  to  such  of  them  as  may 
be  held  material  tite  United  States  Invite  and  require  authen- 
tic and  suitable  proofs  before  the  High  Commissioners, 
t.  .\s  to  paragraph  numbered  6  in  said  Claim,  the  United 
20  States  will  submit  to  the  High  Commissioners  and  will  insist 
that  they  are  not  liable  for  damages  for  the  detention  of  such 
vessel  when  the  seizure,  as  is  alleged  and  shown  In  said 
Claim,  resulted  in  the  total  loss  to  the  owners,  of  the  vessel, 
her  outfit,  apparel  and  cargo,  as  of  the  time  of  said  seizure, 
and  that  in  any  event  the  danuiges  therein  suggested  and 
claimed  are  of  the  nature  of  prospective  profits  or  speculative 
damages,  so  uncertain  as  to  form  no  legal,  equitable  or  suit- 
able basis  for  a  finding  of  fact  ufH)n  wliich  an  assessment 
thereof  can  be  predicated. 

5.  The  United  States  will  further  insist  that,  so  far  as  a 
|»roper  claim  for  damages  for  total  loss  is  concerned,  the 
statement  of  the  loss  alleged  in  paragraph  7  as  having  ailsen 
out  of  the  said  seizure  is  grossly  excessive. 

fi.  As  to  the  further  amount  claimed  for  the  alleged  im- 
prop<>r  arrest,  imprisonment  and  detention  of  James  1).  War 
ren  and  .lolin  Keilly.  persons  emitloyed  upon  Siiid  ve.«sel  at  the 
time  of  her  seizure,  tlie  United  States  admit  the  arrest  as 
stated,  but  den.v  the  imprisonment  and  tlie  statements  of  facts 
incident  thereto  as  detailed  in  the  statement  of  the  British 
Claim;  and  they  aver  that  such  arrests  and  all  subsequent 
proceedings  thereon  by  the  officials  of  the  United  States  were 
made,  entered  upon,  and  had,  in  good  faith,  under  the  man- 
date and  authority  of  the  municipal  laws  of  the  United 
States,  for  a  violation  of  the  statutes  of  the  United  States; 
and  they  aver  that  the  only  damages  to  be  considered,  in  case 
of  any  liability  on  the  part  of  the  United  States  for  such  ar- 
rests and  detentions,  are  those  for  actual  pecuniary  loss  and 
are  not  in  their  nature  punitive  or  aggravated  damages. 

7.  The  United  States  do  not  admit  any  liability  on  this 
claim. 


30 


40 


50 


REPLY  OP  HER  BRITANNIC  MAJESTY. 


60 


rtird  hrrrmhrr  t,  IHO«. 

1.  Her  Britannic  Majesty  joius  issue  on  paragraphs  1,  4,  5 
and  6  of  the  reply  of  the  United  States,  except  in  so  far  an 
they  contain  admissions. 

2.  In  further  answer  to  the  second  part  of  said  paragraph 
1,  Her  Britannic  Majesty  submits  that  the  same  constitutes 
no  defence  to  Her  Majesty's  claim,  or  any  part  thereof. 

3.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  schooner  was  found  by  the  Tribunal  of  Arbitra- 


33 


10 


20 


(Claim  No.  U.) 

liou  nt  I'aria  to  be  a  BritiHh  veHHel,  and  Bubniils  (liat  it  iB  nut 
opva  to  tlie  CoininiBBiuuvrH,  acting  under  the  Ueliring  8ea 
CiainiH  Cunvfiition,  tu  iui|iiire  uk  to  Iicr  ownervliip;  tiu>  Haid 
finding  of  facts  being  concluHivc  bo  far  as  tliia  GommiBsion  la 
concerned. 

4.  And  in  the  alternative  and  in  further  anawer  to  said  par- 
agraph 2,  Her  Hritannic  MajeNty  Bubmits  that  even  if  auch 
ini|niry  ran  Ix*  t'nt«>r<Ml  ii|Kin,  it  Hlioiiitl  bo  lliiiile<l  to  tlie  queH- 
tion  of  the  actual  ownership  of  the  said  veaael  only,  and  that 
UB  between  nationa,  and  ahouid  not  in  any  event  extend  aa 
to  the  beneficial  interest  in  the  whole  or  a  part  of  the  veaael, 
her  apparel,  outfit  and  cargo;  or  as  to  whether  her  voyage 
waa  entered  upon  and  proaecuted  in  whole  or  in  part  for  the 
benefit  of  a  citizen  or  citizena  of  the  United  Btatea. 

3.  In  further  anawer  to  said  paragraph  2,  Her  Britannic 
Majesty  (leni«'H  earli  and  every  of  the  allegatiouH  of  fact 
therein  contained. 

6.  Her  Britannic  Majesty  further  submits  that,  according 
to  the  principles  of  international  law,  the  practice  obtaining 
among  nations,  and  the  terma  of  the  Behring  Sea  Glaima  Con- 
vention, the  allegations  contained  in  the  said  Reply,  even  if 
provinl.  do  not  conHtitute  any  defence  to  tlic  Claim  for  com- 
pensation aet  forth  in  the  aaid  Statement  of  Claim. 


33 

IN  TUE  MATTEU  OF  TUE  CLAIM  OF  ilElt  BlUTANNIO 
MA.TEHTV  AHIHINO  (M  T  OF  THE  SEIZl  «E  OF  THE 
HCHOONKU  "UUACE." 

CLAIM  No.  10. 

i  llrll  .Vxirinhri-   V-l,  tHtM. 


30 


1.  The  "(Irswt'"  wan  a  fJiilinli  steam  Nclinoncr  rc^fiHlcrcd  at 
lO  til*'  |Mii-t  of  X'ii'tiiiia,  ItriliHli  Coluiiiltia 

'2.  The  "iiiixr"  ia  atlililioii  Id  Ix-iaj^  in  every  wav  Htle<l  as 
a  sealiii!>  veH.sel,  wiiN  alsii  nreiiHeil  a><  a  partHenjjer  li«ial.  ii'ii) 
IukI  all  llii- a|i|)liaiM'eN  and  cnnveiiienres  i'e(|iiii'eil  hv  (lie  ('an 
a<!iaii   law   for  sncli   \cNse|H. 

'!.  Oil  or  ahoiil  Ihe  'l:\\{\  <lav  of  April,  IMST,  liie  '•Ornce" 
sailed  from  Ihe  port  of  N'irioria.  Itriti^li  Columbia  Itoiiiid  on 
a  "(ealinjr  vova^e  to  Ihe  N'orfli  I'acillc  Ocean  and  Melinnt:  Kea. 
Her  masler  was  W .  I'elil.  and  -she  carried  a  crew  of  twenl\- 
nine  NailoiH  and  liiMileiH.  hesiden  h>-r  master  and  mate. 
iO  4.  On  the  171  h  da.v  of  Tiil.v.  ISHT,  wliilHt  in  IJehrin}:  Sea  in 
north  latitude  W.d.'!.  and  west  loiit;itnde  l(iH.4(»,  and  distant 
al)oiit  niiielvsix  niilcH  from  the  nearest  land,  the  ''tirace" 
heinK  then  lawfnli.v  ennaj;»'d  in  Ihe  taking  of  seals  at  that 
place,  was  sei/.ed  by  Ihe  Tnited  HlatcB  revenue  ( utter  "Hush."' 

5.  After  such  seizure  tlie  "Ornee,"  under  command  of  the 
said  cutter,  was  taken  to  Ounalaska,  where  a  Unit(>d  States 
ofllcer  was  ph'ced  on  board  the  schooner,  and  she  was,  iu 
charge  of  sued  officer,  taken  to  Sitka  witli  all  her  crew  and 
hunters.  At  Sitka  she  was  placed  in  charge  of  the  United 
State»  Marshal,  and  such  procee<ling8  were  afterwards  had 
and  taken  in  the  United  States  District  Conrt  of  Alaska,  at 
the  instance  of  the  (iovernment  of  the  United  States  of  Amer- 
ica, that  the  said  schooner,  her  tackle,  apparel,  outfit  and 
cargo,  were  condemned  for  a  violation  of  the  municipal  laws 
of  the  United  States  of  America  relating  to  seal  fishing  in  the 
waters  of  Alaska,  and  detained  under  such  condemnation  un- 
til the  26th  day  of  March,  1889,  when  she  was  sold  under 
such  condemnation,  with  all  belonging  to  her. 

6.  By  reason  of  tlie  premises  the  further  prosecution  of  tin- 
said  sealing  voyage  during  the  year  1887  was  wholly  pre- 
vented, and  the  owner  of  the  said  schooner  was  deprived  of 
the  use  of  the  said  vessel  after  the  closing  of  the  sealing 
season  of  the  year  1887,  until  the  «'ommencement  of  the  seal- 
ing season  of  the  year  1888,  during  which  time  she  could  and 
would  have  been  profitably  employed  if  she  had  been  in  the 
possession  of  lier  owner;  and  the  owner  of  the  said  schooner 
was  also  prevented  from  using  her  for  the  purpose  of  seal 

'(50  hunting  during  tlie  season  of  1888,  and  afterwards  as  a  pas- 
senger vessel,  as  lie  otherwise  would  have  done,  and  finally 
the  said  schooner,  her  tackle,  apparel,  outfit  and  cargo,  were 
wholly  lost  to  those  interested  in  the  same;  and  other  loss, 
damage  and  expense,  were  sutfered  and  incurred  by  the  own- 
er and  others  interested  in  the  said  vessel,  her  cargo  and  seal- 
ing voyage. 

7.  Under  the  facts  as  found  in  the  Awni"d  of  the  Paris  Tri- 
bunal of  Arliitration,  the  said  seizure,  condemnation,  de 
tention  and  sale  were  without  warrant  or  right  accord- 
ing to  the  principles  of  international  law,  and  Her  Brit- 
annic Majesty  claims  that  full  and  complete  compensation 
should  be  made  by  tlie  Government  of  the  United  States  of 
America  to  the  Government  of  Her  Britannic  Majesty  for  all 
loss  thereby  sustained. 

8.  The  claim  made  U»'  the  loss  arising  out  of  the  premises 
is  the  sum  of  Iff.'iO.fltM),  together  with  inti'rest  from  the  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 

3 


40 


Qo 


lO 


20 


34 

(Claim  No.  10.) 

9.  In  addition  to  the  above,  a  fnrtliei'  amount  is  flaimed 
for  tiie  improper  arrest,  imprisonment  and  detention  by  tlie 
lJnite<l  States  autiiorities  of  W.  Pent,  master  of  the  said 
scliooner. 

10.  W.  Petit,  when  the  said  schooner  was  seized,  was  placed 
nnder  arrest  and  was  held  under  sncli  arrest  until  the  arrival 
of  the  "Grace"  at  Sitka,  where  he  was  taken  before  a  judge 
of  the  T7nited  States  District  Court  of  Alaska,  and  bound 
over  to  appear  for  trial  on  the  22nd  da.v  of  August, 
1887,  on  a  charge  of  having  violated  the  municipal 
laws  of  the  T'nited  States  of  America  relating  to 
seal  fishing  in  the  waters  of  Alaska.  Pursuant  to  his  recog- 
nizance, the  said  W.  Petit  appeared  before  the  said  court 
on  the  said  2?ad  day  of  August,  and  continued  to  do  so  until 
the  0th  day  of  Sepremlx^r,  18S7.  when,  without  having  tiren 
tried  on  such  charge,  or  any  other  charge,  he  was  unconai 
tionally  released. 

11.  The  claim  made  for  *he  wrongs  aforesaid  to  W.  Petit 
is  the  sum  of  Jl2,0fl0,  with  'nten'st  thereon  from  the  17th  day 
of  July,  1887,  at  the  rate  of  seven  per  centum  per  annum. 


ANSWE.a  OF  THE  UNITED  STATES. 


30 


FUed  Norember  SIS,  1890. 


40 


1.  They  admit  that  on  or  about  July  17th,  1887,  at  a  dis- 
tauce  of  about  ninety-six  miles  from  the  nearest  laud,  the 
said  vessel  "(Irace"'  was  seized  by  the  United  States  revenui- 
cutter  "Rush,"  and  that  said  seizure  was  made  in  Behring 
Sea  and  was  ratified  and  adopted  by  the  Government  of  the 
Ignited  States. 

Bnt  it  is  averred  on  the  part  of  the  United  States  that  the 
<!aid  seizure  was  made  in  good  faith,  by  officers  of  the  United 
States,  within  the  line  of  their  duty  under  tlie  authority  and 
mandate  of  the  municipal  laws  of  the  T'nited  States,  for  a 
violation  of  tite  statutes  of  tlie  United  States,  and  such  seiz- 
ure was  ratified  and  adopted  in  good  faith  bv  tlie  Government 
of  the  T'nited  States  as  for  a  violation  of  their  said  statutes. 

2.  The  United  States  aver  that  before,  at  the  time  of,  and  af- 
ter the  said  warning  and  notice  to  the  said  vessel,  the  said  ves- 
sel, her  apparel,  outfit  and  cargo,  were  wholly  or  in  part  the 
actual  property  of  a  citizen  or  citizens  of  the  United  States, 

50  and  further  that  at  the  times  aforesaid  the  beneficial  interest 
in  the  whole  or  a  part  of  the  said  v<>ssel,  her  apparel,  outfit 
and  cargo,  was  possessed  and  owned  by  a  citizen  or  citizens 
of  the  United  States,  and  that  her  said  voyage  was  entered 
upon  and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of 
a  citizen  or  citizens  of  the  United  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  In  para- 
graphs numb'Med  2,  a,  4,  5  and  fi  in  the  said  Claim  of  Her  Brit- 
annic Majesty,  the  representatives  of  the  T'nited  States  have 
no  sufficient  knowledge,  and  as  to  such  of  them  as  may  be 

60  held  material  the  United  States  invite  and  require  suitable 
authentic  proofs  before  the  High  Commissioners. 

4.  As  to  paragraph  numbered  fi  in  said  Claim,  the  United 
States  will  submit  to  the  High  Commissicuiers  and  will  insist 
that  they  are  not  liable  for  diimages  for  the  detention  of  such 
vessel  when  the  seizure,  as  is  alleged  and  shown  in  said 
Claim,  resulted  in  the  total  loss  to  the  owners,  of  the  vessel, 
her  outfit,  apparel  and  cargo,  as  of  the  time  of  said  seizure; 


'  iiii,i(i\'' 


JO 


(Claim  No.  10.) 

and  that  in  any  event  the  damages  therein  suggested  and 
claimed  are  of  the  nature  of  prospective  profits  and  specula- 
tive damages,  so  uncertain  as  to  form  no  legal,  equitable  or 
suitable  basis  for  a  finding  of  fact  upon  which  an  assessment 
thereof  can  be  predicated. 

5.  The  United  States  will  further  insist  that,  so  far  as  a 
proper  claim  for  damages  for  total  loss  is  concerned,  the 
statement  of  the  loss  alleged  in  iwiragniph  8  as  having  arisen 
lO  out  of  the  said  seizure  is  grossly  excessive. 

C.  As  to  the  further  amount  claimetl  for  the  alleged  im- 
proper arrest,  imprisonment  and  detention  of  W.  Petit, 
a  i)er8on  employed  upon  said  vessel  at  the  time  of 
her  seizure,  the  I'nited  States  admit  the  arrest 
as  stated,  but  Jeny  the  imprisonment  and  the  statements  of 
fact  incident  thereto  as  detailed  in  the  statement  of  the  Brit- 
ish Claim;  and  they  aver  that  such  arrests  and  all  subsequent 
proceedings  thereon  by  the  officials  of  the  T'^nited  States  were 
made,  entered  upon  and  had.  in  good  faith,  under  the  nmn- 
date  and  authority  of  the  municipal  lawr,  of  the  United 
States,  for  a  violation  of  the  statutes  of  the  T^nited  States; 
and  they  aver  that  the  only  damages  to  be  considered,  in  case 
of  any  liability  on  the  part  of  the  United  States  for  such  ar- 
rest and  detention,  are  those  for  actual  pecuniary  loss  and 
are  not  in  their  nature  punitive  or  aggravated  damages. 

7.  The  United  States  do  not  admit  any  liability  on  this 
claim. 


20 


30 


REPLY  OF  HER  BRITANNIC  MAJESTY. 


*"(/(■(/  herrmher  I,  tSOII. 


40 


53 


1.  Her  Britannic  M.-jjesty  joins  issue  on  paragraphs  1,  4,  5 
and  G  of  the  reply  of  the  United  iStates,  except  in  so  fai  as 
they  contain  admissions. 

2.  In  further  answer  to  the  second  part  of  said  paragrapn 
1,  Her  Britannic  Majesty  submits  th.it  the  same  constitutes 
no  defence  to  Her  Majesty's  claim,  or  any  part  thereof. 

3.  As  to  parauraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  scljoon<'r  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
<ipen  to  the  Comnil  <!,)iieis,  ncting  under  the  Behring  Sea 
('lainis  C%.nveiiti(>n.  lo  iniiuirc  as  to  her  ownership,  the  said 
finding  of  facts  bciii.  conilusivo  so  far  as  this  Commissioii  is 
concerned. 

4.  And  in  the  alternative  and  in  further  answer  to  said 
jiaragraph  2,  Her  Brit.innic  -dajesty  submits  that  even  if  such 
iminiry  can  lie  ent*  't  ^l  i!j)oii.  it  should  be  limited  to  the  ques- 
tion of  the  "..t'lal  o'.vnership  of  the  said  vess^'l  only,  and  that 
as  between  nations,  and  should  not  in  any  event  extend  as  to 
the  beneficiiil  inten^st  in  the  whole  or  a  part  of  the  vessel, 
her  apparel,  outfit  and  cargo;  or  as  to  whether  her  voyage 
was  entered  upon  and  i)rosecuted  in  whole  or  in  part  for  the 
benefit  of  a  citi/.en  or  citizens  of  the  United  States. 

.'.  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  of  th(»  allegations  of  fact  there- 
in contained. 

fi.  Her  Britannic  ^fajesty  further  submits  that,  according  to 
the  principles  of  international  law,  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Behring  Sea  Claims 
Convention,  the  allegations  contained  in  the  s'lid  Reply,  even 
if  proved,  do  noc  constitute  any  defence  to  the  Claim  for  Com- 
pens.ation  set  forth  in  the  ^aid  Statement  of  Claim. 


IN  THE  MATTER  OF  THE  CLAIM  OF  HER  BRITANNIC 
MAJESTY  ARISING  OUT  OF  THE  SEIZURE  OF  THE 
SCHOONER  "ADA." 

CLAIM  No.  11. 

Fllrd  November  114,  ISOU. 


30 


10  1.  The  "Ada"  was  a  British  schooner  registered  at  the  port 
of  Sliangliai. 

2.  On  the  nth  da.v  of  March,  1887,  the  "Ada"  sailed  from 
the  port  of  Yokohama,  Japan,  with  the  intention  of  going  to 
Victoria,  British  Colnmbia.  having  partially  fitted  out  for  a 
sealing  voyage  to  the  |>ort  of  Yokohaniii,  to  be  carried  on  on 
the  Northwest  Coast  and  Behring  Sea.  On  arrival  at  Vic- 
toria she  completed  her  outfit  for  seal  hunting  in  the  Nortli 
I'aciflc  Ocean,  particularly  on  the  Northwest  Coast  thereof. 
She  finally  completed  her  cruise  on  that  coast  and  returned 

20  to  Victoria  on  the  Hist  day  of  May.  1887,  where  slie  disposed 
of  her  spring  catch  of  seals,  and  completed  her  outfit  for  tlie 
sealing  voyag;'  in  the  Behring  Sea. 

3.  On  or  about  the  10th  day  of  June,  1887,  she  cleared  from 
the  port  of  Victoria  for  Behring  Sea.  Her  master  was 
James  Gaudin  and  her  mate  was  C.  A.  Lundberg;  and  she 
carried  a  crew  of  tv.enty  sailors  and  hunters,  and  was  fully 
equipped  for  such  voyage  and  for  the  hunting  and  capture 
of  seals. 

4.  On  the  2.5th  day  of  August,  1887,  when  distant  north- 
ward about  fifteen  miles  from  Ounalaska  Island,  the  nearest 
land,  the  "Ada"  beinc  then  lawfully  engaged  in  the  taking  of 
seals  at  that  place,  she  was  seized  by  'the  United  States  reve- 
nue cutter  "Boar." 

5.  The  "Ada"  was  taken  by  the  said  cutter  to  Ounalaska, 
and  afterwards,  by  order  of  the  Ignited  States  authorities, 
she  was  taken  to  Sitka,  and  there  such  proceedings  were 
afterwards  had  and  taken  in  the  United  States  District  Court 
of  .Maska.  at  the  instance  of  the  Government  of  the  United 
Statewof  Americ.'i.  Hint  the  said  Kchooner,  her  tackle,  apparel, 
outfit  and  cargo,  were  condemned  for  a  violaticm  of  the  munici- 
])al  laws  of  thi>  United  States  of  America  relating  to  seal  fish- 
ing in  the  walors  of  Alaska,  and  detained  under  such  con- 
demnaion  until  the  2r»th  day  of  Alarch,  1880.  when  sht  was 
sold  under  such  condemnation,  with  everything  belonging  to 
her. 

0.  By  reason  of  the  premises  the  further  prosecution  of  thv> 
said  sealing  voyage  for  the  year  1887  was  Avholly  prevented, 
and  the  owner  of  said  schooner  was  also  prevented  from  us- 
ing her  for  the  purpose  of  B<'al  hunting  during  the  year  1888, 
na  he  otherwise  would  have  done;  and  finally  the  said  schoon- 
er, her  tackle,  upparel,  outfit  and  cargo,  were  wholly  lost  to 
those  interested  in  the  same,  and  other  loss,  damage  and  ex- 
l»ense  were  suffered  and  incurred  by  the  owner  and  others 
interested  in  the  said  schooner,  her  cargo  and  sealing  voyage. 

7.  Under  the  facts  as  found  in  tlie  Award  of  the  Paris 
Tribunal  of  Arbitration,  the  said  seizure,  condemnation,  de- 
tention and  sale  were  without  warrant  or  right 
according  to  the  principles  <if  international  law,  and  Her  Brit- 
annic Majesty  claims  that  full  and  complete  compensation 
should  be  made  by  the  Government  of  the  United  States  of 
America  to  the  Government  of  Her  Britannic  Majesty  for  all 
loss  sustained  thereby. 

8.  The  claim  made  for  I  ho  loss  arising  out  of  v  -  premincK 
is  the  sum  of  .%'$7,()IM).  with  interest  thereon  from  t'/c  date  of 
loss  at  the  rate  o'  seven  per  centum  per  annum 


40 


50 


60 


37 


(Claim  Xo.  11.) 

!».  In  addiliou  to  the  i'.bovc,  a  fuidu'r  jimouiit  is  claimed 
foi'  the  iini)ro|)er  .uiest,  imprisoiunent  and  detention  bv  the 
United  States  authorities  ot  James  Gandin  and  O.  A.  Lund- 
herg.  as  master  and  mate  respectively  of  the  said  schooner. 

10.  James  Gaudln,  when  the  said  schooner  was  seized,  was 
placed  under  arrest,  and  was  held  under  such  arrest  until  the 
arrival  of  "the  "Ada"  at  Sitka,  where  he  was  taken  before  a 

lO  Judge  of  the  United  States  District  Court  of  Alaska,  and 
bound  over  to  appear  for  trial  on  the  22nd  day  of'Augtist 
then  instant,  on  a  charge  of  having  violated  the  municipal 
laws  of  the  TTnited  States  of  America  relating  to  seal  fishing 
in  the  waters  of  Alaska.  Pursuant  to  his  recognizance,  the 
said  James  Gandin  appeared  before  the  said  Court  on  the 
said  22nd  day  of  August,  and  continued  to  do  so  from  day  to 
day  until  the  0th  day  of  September.  1887,  when,  without  hav- 
ing been  tried  on  such  charge,  or  on  any  other  charge,  he  was 
unconditionally  released. 

*  11.  C.  A.  Luudberg,  when  the  said  schooner  was  seized, 
was  placed  under  arrest,  and  was  held  under  such  arrest  until 
the  arrival  of  the  "Ada"  at  Sitka,  where  he  was  taken  before 
a  Judge  of  the  United  States  District  Court  of  Alaska,  and 
bound  over  to  appear  for  trial  on  the  22nd  day  of  August 
then  instant,  on  a  charge  of  having  violated  the  municipal 
laws  of  the  TTnited  States  of  America  relating  to  seal  fishing 
in  the  waters  of  Al.iska.  Pursustnt  to  his  recognizance,  the 
said  C  A.  Lundberg  appeannl  before  the  said  Court  on  the 

-Q  22nd  day  of  August,  and  continued  to  do  so  from  day  to  day 
until  the  !tth  day  of  September,  1887,  when,  without  having 
been  tried  on  such  charge,  or  on  any  other  charge,  he  was 
unconditionaHy  released. 

12.  The  claim  made  for  the  wrongs  aforesaid  to  James 
Gandin  is  the  sum  of  $,1,000,  with  interest  thereon  from  the 
10th  day  of  July,  1887,  at  the  rate  of  seven  per  centum  per 
annum. 

13.  The  claim  made  for  the  wrongs  aforesaid  to  C.  A.  Lund- 
berg  is  the  sum  of  |2,000,   with    interest   thereon    from  the 

40  10th  day  of  July,  1887,  at  the  rate  of  seven  per  centum  per 
annum. 


MOTION  TO  DISMISS. 


60 


The  counsel  of  the  United  States  move  the  High  Commis- 
si.iru'i's  to  dismiss  fiom  consideration  so  much  of  the  demand 
of  ihe  Government  of  Great  Britain,  set  out  in  said  Claim 
No.  11,  as  relates  to  the  claim  made  in  respect  of  James 
(raudin. 

The  grounds  of  the  foregoing  motion  are  that  as  to  said 
claim  in  whole  or  in  part: 

1.  No  question  of  fact  involved  therein  was  submitted  to 
the  Tribunal  of  .\rbitration  constituted  under  the  Treaty  con- 
cluded at  Washington  on  the  29th  of  February,  18!)2,  between 
the  United  States  and  Great  Britain  in  accordance  with  Arti- 
cle VTir.  of  the  said  Treaty. 

2.  The  said  (^laim  was  not  embraced  in  the  ScheduL' 
of  the  British  case,  pages  1  to  60,  inclusive,  as  presented  to 
the  said  Tribunal  of  Arl  '"^ration. 

;.  It  was  not  included  or  referred  to  iu  Article  IX  of  the 
Award  of  the  said  Tribu.tal  of  .Arbitration. 

4.  It  was  not  embraced  in  the  Convention  between  the 
United  States  and  Great  Britain  for  the  eettlement  of  claimp. 


T 


(Claim  No.  11.) 

prpspiited  by  Great  Britain  apninst  the  United  States,  in 
virtne  of  the  Treaty  of  February  2l)th,  1892,  which  Conven- 
tion was  ratified  by  the  President  of  the  United  States,  April 
23rd,  1896,  and  by  Her  Britannic  Majesty,  May  14th,  1896, 
and  under  which  the  High  Commissioners  were  appointed. 

5.  And  the  said  Claim  in  Itehalf  of  Ureat  Britain, 
claiming  compensation  from  the  United  States,  did  not  arise 
by  virtne  of  the  Treaty  aforesaid  or  of  the  Award  and  lind- 
*o  ings  of  the  said  Tribunal  of  Arbitration,  and  is  not  an  addi- 
tional claim  specified  in  the  fifth  paragraph  of  the  pioamble 
to  the  said  Convention,  and  is  not  in  the  list  of  the  claims 
intended  to  be  r«?ferrrd,  appended  to  said  Convention,  pointed 
out  as  the  claims  intended  to  be  referred  in  Article  1  of  said 
Convention. 

(Signed.)  DON  M.  DICKINSON, 

(Signed.)  ROBERT  LANSING, 

Counsel  for  the  United  States. 

20 


NSWER  OP  THE  UNITED  STATES. 


riled  Norembur  30,  1896- 


1.  Tliey  admit  that  on  or  about  August  25th,  1887,  at  a  dis- 
30  tance  of  about  fifteen  miles  from  the  nearest  land,  tlie  said 

vessel  "Ada"  was  seized  by  the  United  States  revenue  cutter 
"Bear,"  and  that  said  seizure  was  made  in  Behring  Hea  and 
was  ratified  and  adopted  by  the  Government  of  the  United 
States. 

But  it  is  siverred  on  the  part  of  the  United  States  that  the 
said  seiznr_  was  made  in  good  faitli,  by  officers  of  the  United 
States,  within  the  line  of  their  duty  under  the  authority  and 
mandate  of  the  munici])al  laws  of  the  United  States,  for  a 
violation  of  the  statuti's  of  the  ITnited  States,  and  such  sei- 
4°  zure  was  ratified  and  adopted  in  good  faith  by  the  Government 
of  the  United  States  as  for  a  violation  of  their  said  statutes. 

2.  The  United  States  aver  that  before,  at  the  time  of,  and 
after  the  seizure  of  the  said  vessel,  the  said  vessel,  her  ap- 
parel, outfit  and  cargo,  were  wholly  or  in  part  the  actual 
property  of  a.  citizen  or  citizens  of  the  United  States,  and, 
further,  that  at  the  times  aforesaid  the  beneficial  interest  in 
the  whole  or  a  part  of  the  said  vessel,  her  apjmrel,  outfit  and 
cargo,  was  possessed  and  owned  by  a  citizen  or  citizens  of  the 
United  States,  and  that  her  said  voyage  was  ent(?red  upon 

5  and  prosecuted,  in  whole  oi'  in  part,  for  the  benefit  of  a  citi- 
zen i."  citizens  of  the  United  States. 

.3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graph numbered  2,  8,  4,  5  and  6  in  the  said  Claim  of  Her 
Britannic  Majesty,  the  representatives  of  the  United  States 
have  no  sufficient  knowledge,  and  as  to  such  of  them  as  may 
be  held  material  the  United  States  invite  and  require  authen- 
tic and  suitable  proofs  before  the  High  Commissioners. 

t.  As  to  paragraph  numbered  6  in  said  Claim,  the  United 
60  States  will  submit  to  the  High  Commissiimers  and  will  insist 
that  they  are  not  liable  for  diiiiiafics  for  the  detention  of  such 
vessel  when  the  seizui'e,  as  is  alleged  and  shown  in  said 
<Jlaim,  resulted  in  the  total  loss  to  tlie  owners,  of  the  vessel, 
her  outfit,  apparel  and  cargo,  as  of  the  time  of  said  seizure, 
and  that  in  any  event  the  damages  therein  suggested  and 
claimed  are  of  the  nature  of  prospective  profits  or  speculative 
damages,  so  uncertain  as  to  form  no  legal,  equital)le  or  suit- 


39 
(Claiiu  No.  11.) 

able  basis  for  h  finding  of  fact  upon    which    an    assessment 
thereof  can  be  predicated. 

5.  The  United  States  will  further  insist  that,  so  far  as  a 
proper  cfaim  for  damages  for  total  loss  is  concerned,  the 
statement  of  the  loss  alleged  in  paragraph  8  as  having  arisen 
out  of  the  said  seizure  is  grossly  exc<>ssive. 

6.  The  United  States  do  not  admit   any  liability   on  this 
lO  Claim. 


REPLY  OF  HER  BRITANNIC  MAJESTY. 

riled  Norrmfier  94,  tSOO. 

2Q  1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1,  4,  5 
and  6  of  the  reply  of  the  United  States,  except  in  so  far  as 
they  contain  admissions. 

2.  In  further  answer  to  the  second  part  of  said  paragraph 
1,  Her  Britannic  Majesty  submits  that  the  same  constitutes 
no  defence  to  Her  Majesty's  claim,  or  any  part  thereof. 

'.  -Vs  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
'  .jove-named  schooner  was  fotind  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
oj)en  to  the  Commissioners,  acting  under  the  Behring  Sea 

30  Claims  Convention,  to  inquire  as  to  her  ownership;  the  said 
finding  of  facts  being  conclusive  so  far  as  this  Commission  is 
concern«>d. 

4.  And  in  the  alternative  and  in  further  answer  to  said 
paragraph  2,  Her  Britannic  Majesty  submits  that,  even  if 
such  inquiry  can  be  entered  upon,  it  should  be  limited  to  the 
question  of  the  actual  ownership  of  the  said  vessel  only,  and 
that  as  between  nations,  and  should  not  in  any  event  extend 
as  to  the  beneficial  interest  in  tlir  whole  or  a  part  of  the  ves- 
sel, her  apparel,  outfit  and  cargo;  or  as  to  whether  her  voyage 
was  entered  upon  and  prosecuted  in  whole  or  in  part  for  the 
benefit  of  a  citizen  or  citizens  of  the  United  States. 

5.  In  furtlier  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  of  tHe  allegations  of  fact  there- 
in contained. 

6.  Her  Britannic  Majesty  further  submits  that,  according 
to  the  principles  of  international  law,  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Behring  Sea  Claims  Con- 
vention, the  allegations  contained  in  the  said  Reply,  even  if 
proved,  do  not  constitute  any  defence  to  the  Claim  for  com- 
pensation set  forth  in  the  said  Statement  of  Claim. 


40 


SO 


40 

IN  THE  MATTER  OF  THE  CF.AIM  OF  HER  BRITANNIC 
MAJEHTV  AlUSIXO  OUT  OF  THE  ILLEGAL  INTEU- 
FEUEN(JE  WITH  THE  SCHOO^JER  "TRlUMrH." 

CLAIM  No.  12 


IC 


Wiled  November  '^4,  tH99> 


1.  The  "Triumph"  was  a  British  schooner  registered  at  the 
I'ort  of  Victoria,  British  Columbia. 

'1.  On  tlie  2()th  day  of  May,  1887,  the  "Triumph"  sailed  from 
Victoria,  British  Columbia,  bound  on  a  sealing  voyage  to  the 
North  I'acific  Ocean  and  Bchring  Sea.  Her  master  was 
(r«'orge  Errington  and  her  mate  was  Hermann  Smith;  she 
carried  a  crew  of  (,'leven  sailors  and  hunters,  and  was  fully 
20  ecjuipped  for  said  voyage  and  for  the  hunting  and  capture  of 
seals. 

:?.  On  the  41  h  day  of  August,  1887,  when  the  "Triumph" 
was  about  ten  miles  off  to  the  southward  of  ITuimak  Pass, 
and  about  entering  Behriug  Sea.  she  was  boai'ded  by  an  offi 
cer  of  the  United  States  revenue  cutter  "Rush,"  wlio  d«'niand- 
ed  and  received  the  ship's  i)apers,  and  then  proceeded  thor- 
oughly to  search  the  "Triumph."  The  said  officer  also  mad" 
inquiries  as  to  where  the  seal  skins  then  on  l>oard  had  been 
obtained,  and.  for  the  purpose  of  verifying  the  answers  given 
3**  him,  demanded,  and  received  the  lojr  bdok  and  took  the  jiosi- 
ti<m  from  it  as  to  where  the  seal  skins  had  Iwen  caught.  The 
said  ofli<er.  Iiicut<'nariC  Tuttle,  then  went  back  to  the  "Rush," 
but  again  visited  the  "Triumph."  and  then  stated  that  the 
captain  of  the  "Rush"  had  the  right  to  seize  the  schooner, 
but,  thinking  tluit  the  crew  were  working  for  themselves,  he 
would  not  do  so,  |trovided  the  scliooiiei-  went  back  at  once  to 
Victoria.  The  said  officer  further  stated  that  he  would 
leave  on  board  the  only  ritle  the  schooner  had,  provided  there 
was  no  ammunition  for  it.  The  said  officer  again  returne<l 
to  the  "Rush"  for  a  shovt  time,  and  then  c.-nue  back  to  the 
"Triumph"  "nd  demanded  an  answer  from  her  master  as  to 
whether  or  not  he  would  return  at  once  to  Victoria.  The 
master  refused  to  an8wer,«nd  the  cajttain  of  the  "Rush"  then 
shouted  to  the  master  of  the  schooner  that  if  he  entered  Behr- 
ing  Sea  his  sthooner  would  be  seized.  The  said  schooner 
was  then  and  there  warned  by  the  said  cutter  "Rush"  not  to 
enter  Behring  Sea.  In  consequence  of  the  said  unlawful 
boarding,  search,  warning  and  threats  of  seizure  made  use 
of  by  the  commander  of  the  said  cutter,  the  master  of  the 
"Triumph"  abandoned  his  intended  voyage  into  Behring  Sea. 

4.  By  reason  of  the  premises  the  further  prosecution  of  the 
said  sealing  voyage  during  the  year  1887  was  wholly  prevent- 
ed, and  other  loss,  damage  and  expense  were  suffered  and 
incurred  by  the  owner  and  others  interested  in  the  said 
schooner,  her  cargo  and  sealing  voyage. 

.5.  Tinder  the  facts  as  found  in  the  Award  of  the  Paris  Tri 
bunal  of  Arbitration,  the  boarding,  searching,  warning  not  to 
enter  Behring  Sea.  ordering  to  ]»roceed  to  Victoria,  and  the 
threat  of  seizure  of  said  schooner  were  without  any  warrant 
or  right  according  to  the  jtrinciples  of  international  law,  and 
Her  Britannic  Majesty  claims  that  full  and  comjjlete  com 
l)ensation  should  be  made  by  the  (Jovernment  of  the  United 
States  of  America  to  the  (lovernment  of  Her  Britannic  Maj 
esty  for  such  illegal  boarding,  searching,  ordering  back  to 
Victoria,  and  threat  of  seizure,  and  also  for  all  other  losses 
sustained  thereby. 


40 


50 


60 


lUin'r 


4» 


41 
(Cluiin.  No.  12.) 

(i.  Tlie  claim  iiiado  for  tlip  loss  nrising  out  of  the  premises 
is  the  sum  of  l)fll,(»00,  witli  interest  tliereon  from  tlie  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 


10 


ANSWER  OF  THE  UNITED  STATES. 


Filt-a  tfovfmher  HO,  ISOa. 


30 


1.  Tliey  admit  that  on  or  about  August  4th,  1887,  at  a  dis- 
tance of  about  ten  miles  from  the  nearest  land,  the  ''Triumph" 
was  hailed  by  the  United  States  revenue  cutter  "Rush"  and 
warned  to  cease  sealing  in  Bering  Sea  and  ordered  to  leave 
Bering  Sea,  but  deny  that  any  such  warning  occurred  as  stat- 
ed in  such  claim  on  July  4th,  1887,  and  the  United  States 

20  aver  that  the  question  of  the  date  of  said  warning  is  conclud- 
ed by  the  terms  of  the  Convention  between  the  United  States 
and  (Ireat  Britain,  under  which  this  procedure  is  taken;  and 
further  aver  that  tlu'  "Rush"  was  a  public  armed  vessel  of  the 
United  States,  acting  under  the  instructions  of  that  Govern- 
ment to  seize  all  vessels  engaged  in  killing  fur  seal  in  Behr- 
ing  Sea,  after  giving  due  notice,  and  that  the  "Triumph," 
when  so  warned  or  notified,  was  engaged  in  fur  sealing  or 
prosecuting  a  voyage  for  that  purpose,  and  that  the  action  of 
the  said  "Rush"  in  so  warning  and  notifying  the  said  "Tri- 
umph," was  adopted  by  the  Government  of  the  United  States. 
But  it  is  averred  on  the  part  of  the  United  States  that 
till'  said  warning  and  notice  were  given  in  good  faith,  by  offl- 
eers  of  the  United  States,  within  tlie  line  of  their  duty  under 
the  mandate  of  the  municipal  laws  of  the  United  States,  and 
such  warning  and  notice  were  adojited  in  good  faith  by  the 
(iovernment  of  the  I'nited  States  as  an  act  to  restrain  a  vio 
lation  of  their  said  statutes. 

2.  The  United  States  aver  that  before,  at  the  time  of,  and 
jfter  the  saio  warning  and  notice  to  the  said  ves- 
sel, the  said  vessel,  her  apparel,  outfit  and  cargo, 
were  wholly  or  in  part  the  actual  property  of  a 
citizen  or  citizens  of  the  United  States,  and  further 
that  at  times  aforesaid  the  beneficial  interest  in  the  whole 
or  a  part  of  the  said  vessel,  her  apparel,  outfit  and  cargo,  was 
possessed  and  owned  by  a  citizen  or  citizens  of  the  United 
States,  and  that  her  said  voyage  was  entered  upon  and  prose- 
cuted, in  whole  or  in  part,  for  the  benefit  of  a  citizen  or  citi- 
zens of  the  United  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numberr^d  2,  3,  4  and  5  in  the  said  claim  of  Her  Brit- 
annic Majesty,  (he  represent.itives  of  the  United  States  have 
no  sufficient  knowledge,  .nnd  as  to  such  of  them  as  may  be 
held  material  the  United  States  invite  and  require  authentic 
and  suitable  proofs  before  the  High  Commissioners. 

4.  The  United  States  further  reply,  as  to  paragraph  num- 
bered 4  of  said  Claim,  that  the  said  sealing  voyage  of  the 
"Triumph"  was  not  wholly  prevented  by  thi»  said  warning  and 

60  notice,  and  tht^i  nc  loss  or  damage  was  suffered  by  those  in 
terested  in  the  said  voyage  and  the  said  schooner. 

5.  The  United  States  do  not  admit  any  liability  on  this 
Claim, 


40 


50 


T 


(Claim.  No.  12.) 
REPLY  OP  HER  BRITANNIC  MAJESTY. 


niril  Breemhtr  H,  1809. 


20 


1.  Her  Britr.nnic  Majesty  admits  tliat  "August"  sliouid  be 
substituted  foi-  "July"  in  paragraph  3  of  tlie  Statement  of 
Claim  No.  12,  the  latter  month  having  been  inserted  tlirough 

'O  a  clerical  error. 

2.  Her  Britanuii;  Majesty  joins  issue  on  paragraphs  1  and 
4  of  the  Reply  of  the  United  States,  except  in  so  far  as  they 
contain  admissions. 

.S.  In  further  answer  to  the  averments  contaiined  in  said 
paragraph  1.  Her  Britannic  Majesty  submits  that  the  same 
constitutes  no  defence  to  Her  Britannic  Majesty's  Claim,  or 
any  part  thereof. 

4.  As  to  paragraph  2.  ller  Britannic  Majesty  says  that  th" 
above-named  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  the  Commissioners,  acting  imder  the  Behring  Sea 
Claims  Convention,  to  inquire  as  to  her  ownership;  the  said 
finding  of  facts  being  conclusive  so  far  as  this  Commission  is 
concerned. 

5.  And  in  the  alternative  and  in  further  answer  to  said  par- 
agraph 2,  Her  Britannic  Majesty  submits  that  even  if  such 
inquiry  can  be  entered  upon,  it  should  be  limited  to  the  ques- 
tion of  the  actual  ownership  of  the  said  vessel  only,  and  that 
as  between  nations,  and  should  not  in  any  event  extend  as 
to  the  beneficial  interest  in  tlie  whole  or  a  part  of  the  vessel, 
her  apparel,  outfit  and  cargo;  or  as  to  wliether  her  voyage 
was  enter«>d  upon  for  the  benefit  of  a  citizen  or  citizens  of 
the  United  States. 

6.  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  of  the  allegations  of  fact 
therein  contained. 

7.  Her  Britannic  Majesty  further  submits  tliat,  according 
40   to  the  principles  of  internationiil  law,  the  practice  obtaining 

among  nations,  and  tlie  terms  of  the  Behring  Sea  Claims  Con- 
vention, the  allegations  contained  in  the  said  Reply,  even  if 
proved,  do  not  constitute  any  defence  to  the  Claim  for  com- 
pensation set  forth  in  the  said  statement  of  Claim. 


30 


(i  )w«j''' 


43 

IN  THE  MATTER  OP  TUK  CLAIM  OF  HER  BRITANNIC 
MAJESTY  AKI8ING  OIT  OK  THE  SEIZURE  OF  THE 
SCHOONER  -JUANITA." 

CLAIM  No.  13. 

Flleil  Aoi-etuAer  V4,  ISOO. 


20 


30 


1.  The  "Juuuitu"  wuh  a  Uritiuh  schoouei'  registered  ut  the 
port  of  Victoria,  British  Columbia. 

2.  Ou  the  7t)i  day  of  May,  issy,  the  "Juauita"  sailed  from 
Victoria,  British  Columbia,  bound  on  a  sealing  voyage  to  the 
North  I'aciflc  Ocean  and  Behring  Sea.  Her  master  was 
Charles  E.  Clarke,  she  carried  a  crew  of  twenty  sailors  and 
hunters,  she  was  fully  equipped  for  the  said  voyage  and  for 
the  hunting  and  capture  of  seals. 

3.  On  the  3l8t  day  of  July,  1889,  whilst  in  Behring  Sea,  and 
distant  about  66  miles  from  the  nearest  land,  the  "Juanita" 
being  then  lawfully  engaged  in  the  taking  cf  seals  at  that 
place,  was  hailed,  boarded,  searched  and  seized  by  the  United 
States  revenue  cutter  "Rush." 

4.  After  such  seizure  the  commander  of  the  '"Rush"  caused 
the  cargo  of  seal  skins  then  on  board  the  "Juanita,"  and  her 
spears,  to  be  taken  out  of  her  and  placed  on  board  the  said 
cutter.  He  also  took  the  ship's  papers.  Tlie  commander  of 
the  said  cutter  then  instructed  the  master  of  the  "Juanita" 
to  proceed  with  his  schooner  to  Sitlca  and  surrender  his  ves- 
sel and  himself  and  crew  to  the  United  States  authorities 
tliere. 

5.  After  the  departure  of  the  "Rush,"  the  master  of  the 
"Juanita,"  in  f  onsequence  of  what  had  taken  place,  and  being 
prevented  from  continuing  to  seal  and  hunt,  and  dreading  a 
second  seizure,  sailed  out  of  I?ehHng  Sea  and  immediately 
returned  to  Victoria. 

6.  By  reason  of  the  promises  the  further  prosecution  of  the 
said  sealing  voyage  dui'ing  the  year  1SS7  was  wholly  prevent- 

40  ed,  and  the  owners  and  others  interested  therein  wholly  lost 
the  said  seal  skins,  spears,  ship's  papers,  and  otlier  articles, 
so  taken  as  aforesaid,  and  otlier  loss,  damage  and  expense 
were  suffered  and  incurred  by  the  owner  and  others  interested 
in  the  said  schooner,  her  cargo  and  sealing  voyage. 

7.  Under  the  facts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal of  Arbitration,  tlie  said  hailing,  boarding,  searcliing 
and  seizure,  and  other  interferences,  were  without  warrant  or 
right  according  to  the  princples  of  interntional  law,  and  Her 
Britannic  Majt  sty  claims  that  full  and  complete  compensa- 
tion should  be  made  by  the  Government  of  the  T'nited  States 
of  America  to  the  Government  of  Her  Britannic  Majesty  for 
all  loss  sustained  thereby. 

.''.  The  claim  made  for  the  loss  arising  ont  of  the  premises 
is  the  sum  of  $18,000,  with  interest  thereon  from  tie  date  of 
loss  at  the  rale  of  seven  per  centum  per  annnm. 


SO 


60 


ANSWER  OF  THE  UNITED  STATES. 


fOed  Deeemher  1,  1898. 

1.  They  admit  that  on  or  about  July  31st,  1889,  the  "Juan- 
ita" encountered  the  United  States  revenue  cutter  "Rush," 
who  hailed  her  and  ordered  her  to  heave  to,  which  order  was 
obeyed,  and  that  thereupon  the  said  "Juanita"  was  boarded 


lO 


20 


44 
(Claim  No.  1.1.) 

hy  H  forte  from  the  "Kush,"  nnd  tlie  jhiikm-h  of  Ihi'  "JuaniUi" 
were  theu  und  there  demuiided  mid  examiued;  and  tlieu  and 
there  the  said  force  formally  Heized  the  "Juanita"  and  re 
moved  certain  seal  bltins  and  arms  from  the  "Juanita"  to  the 
"Rush,"  and  that  the  said  "Kush"  placed  on  board  the  "Juan- 
ita" a  man  from  the  "Knsh,"  with  inntrnctions  from  the  com- 
mander of  the  "Rush"  to  deliver  the  said  "Juanita"  to  the 
I^^niti'd  States  authorities  at  Sitka,  but  that  then  and  then' 
the  "Rush"  departed,  and  the  "Juanita"  refused  to  and  did 
not  recognize  the  seizure,  but  proceeded  upon  her  seal- 
ing voyage  without  further  let  or  hindrance.  But  It 
Is  averred  on  the  part  of  the  United  States  that  the 
said  seizure  was  made  in  good  faith,  by  officers  of  the  United 
States,  within  the  line  of  their  duty  under  the  authority  and 
mandate  of  the  municipal  laws  of  tlie  United  States,  and 
such  seizure  was  adopted  In  good  faith  by  the  Goverflment  of 
the  United  States  as  an  act  to  restrain  a  violation  of  their 
statutes. 

2.  The  United  States  aver  that,  before,  at  the  time  of,  and 
after  the  seizure  of  the  said  vessel,  the  said  vessel,  her  ai»- 
parel,  outfit  and  cargo,  were  wholly  or  in  part  th(!  actual  pro- 
perty of  a  citizen  or  citizens  of  the  United  States,  and  further 
that  at  the  times  aforesaid  the  beneficial  interest  In  the  whole 
or  .1  part  of  said  vessel,  her  apparel,  outfit  and  cargo, 
was  possessed  and  owned  by  a  citizen  or  citizens  of  the 
United  States,  and  that  her  said  voyage  was  entered  upon 

30  and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of  a  citi- 
zen or  citizens  of  the  United  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  In  para- 
graphs numbered  2,  3,  4,  5,  6  and  7  in  the  said  Claim  of  Her 
Britannic  Majesty,  the  representatives  of  the  United  States 
have  no  sufficient  knowledge,  and  as  to  such  of  them  as  may 
be  held  r.mterial  <1  e  United  Stn.tes  invite  and  require  suitable, 
authentic  proofs  before  the  High  Commissioners. 

4.  The  United  States,  in  further  reply,  aver  that  the  prose- 
cution of  the  said  scaling  voyage,  by  said  search  and  seizure, 
was  not  wholly  lost  to  the  owners  of  the  "Juanita," 
and  others  interested  tlierein;  that  the  claim  made  for  such 
loss,  as  is  alleged,  is  grossly  excessive;  and  that  there  was  no 
other  loss,  damage  and  expense  suffered  and  incurred  by  her 
owners  and  others  interested  in  the  said  vessel,  her  cargo  and 
voyage. 

5.  The  United  States  does  not  admit  any  liability  on  this 
Cl«>«m. 


40 


50 


RE^LY  OF  HER  BRITANNIC  MAJESTY. 


tiled  Vetember  S,  1899. 


60 


1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1  and 
4  of  the  reply  of  the  United  States,  except  in  so  far  as  they 
contain  admissions. 

2.  In  further  answer  to  the  averments  contained  in  said 
paragraph  1,  Her  Britannic  Majesty  submits  that  the  same 
constitute  no  defence  to  Her  Britannic  Majesty's  claim,  or 
any  part  thereof. 

3.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  the  Commissioners,  acting  under  the  Behring  Sea 
Claims  Convention,  to  inquire  as  to  her  ownership;  the  said 


(Claim  No.  13.) 

finding  of  facts  being  conclusive  so  far  as  thfa  CommiBBion 
is  concerned. 

4.  And  in  the  alteniaif  ?  and  in  further  anHwer  to  said 
paragrapli  2,  Her  Britannic  Majesty  submit s  that  even  if 
such  inquiry  can  be  entered  upon,  it  should  be  limited  to  th« 
fjuestion  of  actual  ownership  of  the  said  vessel  only,  and 
that  as  between  nations,  and  should  not  in  anv  event  extend 
as  to  the  beneficial  interest  in  the  whole  or  a  part  of  the  ves- 

lO  sel.  her  apparel,  outfit  and  cargo,  or  as  to  whether  her  voyage 
was  entered  upon  for  the  benefit  of  a  citizen  or  citizens  of  the 
United  States. 

5.  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  ntlho  allegations  of  fact 
therein  contained. 

0.  Her  Britannic  Majesty  further  submits  that  according 
to  the  principles  of  internaiionai  law.  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Behring  Sea  Claims  Con- 
vention, the  allegations  contained  in  the  said  Reply  even  if 
•-0  proved,  do  not  constitute  any  defence  to  the  Claim*  for  com- 
pensation set  forth  in  the  said  Statement  of  Claim. 


n 


nl^ 


W 


46 

IN  THE  MATTER  OF  THE  CLAIM  OF  HER  BRITANMIO 
MAJESTY  ARISING  OUT  OF  TUE  SEIZURE  OF  THE 
SCHOONER  "I'ATIIFINUKR." 

CLAIM  No  14. 


fUfl  XniviHhrr  V4,  IHMl. 


10 


30 


1.  Till'  "I'lithliutlur"'  wiik  a  Hi-itluh  Hchuoufi-  i'f(;iHtcn>d  at 
the  port  of  X'icloriti^  ItritiHli  Columbia. 

2.  Ou  (be  I7tli  day  of  April,  ISW),  the  "rathtiiider"  willed 
front  X'ietorla,  liritiHh  Columbia,  bound  on  a  Healing;  voyage 
to  the  North  raelHe  Ocean  and  itehring  Sea.  Her  nnistei* 
was  William  O'Leaiy  and  her  mate  was  Andrew  DavidHon, 
and  Hhe  carried  a  crew  of  eighteen  miilorH  and  liunierH,  and 
waH  fully  equipped  for  Maid  voyiige  and  for  the  hunting  and 
captuiv  of  seals. 

.'{.  On  the  20th  day  of  July,  18S9,  the  "Pathfinder,"  whilst 
in  Hehring  Sen,  in  about  north  latitude  57.24,  and  west  longi- 
tude 171.25.  and  distant  about  50  miles  from  the  nearest  land, 
was  hiiiled  by  the  I  nited  States  revenue  cutter  "Rush''  and 
ordered  to  heave  to.  She  was  then  boarded  by  officers  of  th'j 
said  "Rush, "  who  searched  and  seized  the  "I'athflnder,"  and 
th«'n  t(M»lv  away  and  confiscated  the  seal  skins  on  board  her, 
also  her  arms,  ammunition,  salt,  ship's  papers  and  other  ar 
tides.  .\n  otticer  from  the  said  "Rush"  was  afterwards 
,Q  placed  in  charjie  of  the  "Pathfinder."  and  her  master  was  or- 
dered to  take  her  to  the  port  of  Sitk.i,  to  be  there  delivered 
np  to  the  authonties  of  the  TTnited  States  of  Ameilca.  In- 
stead, however,  of  pi-oceeding  to  Sitkti,  as  ordered,  the  nnmter 
•jailed  for  Victoria. 

4.  By  re.asou  of  the  premises  the  further  prosecution  of  the 
said  sealing  voynge  during  the  venr  1SS9  was  wholly  prevent- 
ed, and  the  owner  Jind  other  persons  interested  therein  lost 
the  seal  skins,  arms,  nmmnnition.  suit,  ship's  papers  and 
other  articles  seized  and  taken  as  ;ifores,Tid;  and  other  loss. 

40  damage  and  expense  were  suffered  ;uid  incurred  l>y  the  own- 
er and  others  interested  in  the  siiid  schooner,  her  cargo  and 
sea.ling  voyage 

5.  TTnder  tlie  facts  us  found  in  the  Award  of  tin*  Paris  Tri- 
bunal of  Arbitration,  the  said  hailing,  search,  seizure  and 
other  interferences  were  without  ,iny  wairant  or  right  ac- 
cording to  the  i»rinciples  of  interniticmal  law.  and  Her  Bri- 
tannic Majesty  claims  that  full  and  complete  compensation 
should  be  made  by  the  Government  of  the  Unit*  d  States  of 
America  to  the  Government  of  Her  I'ritannic  Majesty  for  all 
loss  sustained  thereby. 

6.  The  claim  made  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  $.10,000.  with  interest  from  the  date  of  loss  at 
the  rate  of  seven  per  centum  per  anunni. 


SO 


60 


ANSWER  OF  THE  UNITED  STATES. 


Filtd  December  ft,  1800. 


1.  They  admit  that  on  or  about  July  29,  1889,  the  "Path- 
finder" encountered  the  I'nited  States  revenue  cutter  "Rush," 
who  hailed  and  ordered  her  to  heave  to.  which  order  was 
obeyed,  and  that  thereupon  the  said  "Pathfinder"  was  board- 


lO 


20 


47 

(Cluim  Nu.  14.) 

cd  by  a  force  from  the  "Uusli,"  and  the  pupers  from  the 
"I'll til tluder"  were  then  uud  there  demanded  and  examined; 
tliat  then  and  there  the  said  force  formally-  neized  the  "I'ath- 
tlndoi"  and  removed  certain  Heal  Hl^inH  and  arnm  from  tlie 
"I'atlillndt'r"  to  tiie  "Knsh,"  and  that  tin  »aid  "Unsh"  placed 
on  hoard  the  "I'athtlnder,"  a  man  from  the  "UuMh,"  with  in- 
HtructionK  from  th<>  command«'r  of  the  "HuhIi"  to  deliver  th<.> 
Maid  "i'alhtlndcr"  lo  the  United  HIates  authoritit'8  at  Hitka, 
hut  that  then  and  iliere  *he  "Hash"  departed  and  the  "I'ath- 
tlnder" refnHed  to  and  did  not  reeognize  tlu'  Helznre,  but  pro- 
ceeded njion  lier  Healinji  voyage  without  further  let  or  hin- 
drance. Hut  it  Ik  averred  on  the  part  of  the  I'nited  Htates 
that  the  said  wizure  wan  made  in  good  faith  l»y  ofMcers  of  the 
United  Htates.  within  the  line  of  their  duty  under  the  anthoi- 
it.v  and  mandute  of  the  municiiial  lawH  of  the  United  HtnteM, 
and  ;-tuch  seizure  was  adopted  in  good  faith  l)y  the  flovern- 
nient  of  the  United  States  as  an  act  to  restrain  a  violation 
of  tln'ir  statutes. 

2.  The  United  Stntea  aver  that,  before,  at  the 
time  of,  and  after  the  seizure  of  the  Baid  Teasel, 
the  said  vessel,  her  apparel,  outfit  and  cargo,  were 
wholly  or  in  part  the  actual  property  of  a  citizen 
or  citizens  of  the  United  States,  and  further  that  at  the  times 
aforesaid  the  beneficial  interest  in  the  whole  or  a  part  of  the 
said  vessel,  her  apparel,  outfit  and  cargo,  were  possessed  and 
owned  by  a  citizen  or  citizens  of  the  United  Btateti 
and  that  her  said  voyage  was  entered  upon  and  prosecuted, 

iQ  in  whole  or  in  part,  for  the  benefit  of  a  citizen  or  citizens  of 
the  United  States. 

3.  As  to  some  of  the  statements  of  d  'tail  and  fact  in  para- 
graplis  numbered  2,  3,  and  4  in  the  said  Claim  of  Her 
Uritannic  Majesty,  the  representatives  of  the  TTnited  States 
have  no  sufficient  Iviiowledge,  and  as  to  such  of  them  as  may 
be  held  material  the  United  States  invite  and  require  authen- 
tic and  suitable  proofs  before  the  High  Commissioners. 

4.  The  United  States,  in  further  reply,  aver  that  the  pros- 
ecution of  the  said  sealing  voyage,  by  the  said  search  and 

40  seizure  was  not  wholly  list  to  the  owners  of  the  "Pathfinder" 
and  otliers  interested  tliei-ein;  that  the  claim  made  for  such 
lo«s,  as  ?s  alleged,  is  grossly  excessive;  and  there  was  no 
other  loss,  damage  and  expense  suffered  and  incurred  by  her 
owners  and  others  interested  in  the  said  vessel,  her  cargo  and 
voyage. 

7.  The  United  States  do  not  admit  any  liability  on  this 
claim. 


50 


REPLY  OF  HER  BRITANNIC  MAJESTY. 


rUed  lirtember  14  IHM. 


1.  Her  Britannic  Majesty  joins  issue  on  par.^graphs  1  and  4 
60  of  the  Reply  of  the  United  States,  except  in  so  far  as  they 

contain  admissions. 

2.  In  ftirtlier  answer  to  <lie  averments  contained  in  said 
paragraph  1.  Her  Britannic  Majesty  submits  tiiat  the  same 
constitute  no  defence  to  Her  Britannic  Majesty's  claim  or 
any  pai-t  thereof. 

3.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  schooner  was  found  by  the  Tribunal  of  Arbitra- 


f 


48 

(Claim  No.  14.) 

tion  at  Paris  to  be  a  British  vessel,  and  8Ubn'."«^«  that  it  is  not 
open  to  the  Commissioners,  acting  under  the  Behring  Sea 
Claims  Contention,  lo  inquire  as  to  her  ownership;  the  said 
finding  of  fnc^s  being  conclusive  so  far  as  this  Commission  is 
concerned. 

4.  And  in  the  alternative  and  in  further  answer  to  said  par- 
agraph 2,  Her  Britannic  Majesty  submits  that  even  if  such 

(O  inquiry  can  be  t-nteritl  uj)on,  it  should  be  limited  to  the  ques- 
tion of  the  actual  ownership  of  the  said  vessel  only,  and  that 
as  between  nations,  and  should  not  in  any  event  extend  as 
to  the  beneficial  interest  in  the  whole  or  a  part  of  the  vessel, 
her  api)arel,  outfit  and  cargo;  or  as  to  whether  her  voyage 
was  entered  v.]wn  for  the  benefit  of  a  citizen  or  citizens  of 
the  rnited  Sti-.tes. 

5.  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  of  the  allegations  of  fact 
therein  contained. 

20  B.  Her  Britannic  5lajesty  further  submits  that,  according 
to  the  principles  of  international  !aw,  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Behring  Sea  Claims 
Convention,  the  allegations  contained  in  the  said  Reply,  even 
if  proved,  do  not  constitute  any  defence  to  the  Claim  for  com- 
pensation set  forth  in  the  said  Statement  of  Claim. 


49 

IN  THE  MATTEU  OF  THE  CLAIM  OF  HER  BRITANNIC 
MA.IESTV  ARISIN(i  OIT  OF  THE  SEIZURE  OP  THE 
SCHOONER  "BLACK  DIAMOND," 

CLAIM  No.  15. 


lO 


^ilt-a  Xovrmbi  r  S4,  ISitO. 


20 


30 


1.  The  "Black  Diamond"  was  a  British  schooner  registered 
at  the  port  of  Vitloiia,  British  Columbia. 

•1.  Ou  the  l::th  day  of  February,  l.NSD,  the  "Black  Diamond" 
sailed  from  N'ictoria,  British  Columbii'.,  bound  ou  a  sealinft 
voyage  to  the  North  Pacille  Ocean  and  Beiiring  Sea.  Her 
master  was  Owen  ''''somas,  her  mate  N.as  Alexander  Gault, 
and  she  carried  .1  crew  of  twenty  nine  sailors  and  hunters, 
and  was  fully  equipped  lor  said  voyage  and  for  the  hunting 
and  capture  of  seals. 

8.  On  the  11  th  day  of  July.  1889,  whilst  i:."  Behring  Sea,  in 
north  latitude  5G.2:\  and  w<'St  longitude  ITd.^o,  and  distant 
about  thirtytivc  miles  from  the  nearest  land,  the  "Black  Dia- 
mond' was  hailed,  overhauled  and  seized  by  tli(»  United  States 
revenue  cutter  "Rush."       When  hailed,    the    master  of  th'- 
"Black  Diamond"  did  not  understand    the    order    that  wa.s 
given,  and  did  not  come  to,  whereujion  the  said  revenue  cutter 
steamed  acrotss   tlie  schooner's   bows   and   compelled   her   to 
heave  to.      A  lieutenant  of  the  "Rush,"  with  five  men.  then 
boarded   the  schooner.       He   denumded    tl^e    ship's    papers, 
which  were  shown  (o  hint.     The  said  lieutenant  then  deniand- 
♦mI  that  the  slii|("s  papers  should  be  h.'inded  to  him,  but  this 
the  master  of  liie  "Black  Diamond"  refused,  and  locked  them 
in  his  locker.       The  men  from  the  "Rusli"  tlien  removed  on 
hoard  the  said  cut'i-r  all   the  seal  skins,  arms,  anmiunition, 
spears  and  salt  thai   were  on  board  the  said  schooner,  and 
the  lieutenant  again  demanded  that  the  ship's  pa]»ers  should 
be  Riven  to  lii'n.       Tliis  lieing  refns(>-1,  he  caused  the  locker 
to  be  broken  open  iind  the  papers  to  be  taken  out.      Having 
don(>  this,  he  ordered  th  >  masler  of  ihe  "Black  Diamond"  in 
proceed  to  Sitka,  wiiicli   lie-  master  of  tiie  schooiier  refused 
+0  do,  stating  that  if  the  cnmm.-inder  of  the  "Hush"  w.'inted 
the  schooner  to  go  to  Sitka  he  would  liMve  (o  ])ut  a  crew  on 
boi'rd  to  take  her  tiiere.       .\  ntan  fi'oni  the  "Rush"  was  then 
placed  on  board  the  "Blaclv  ]>ianiend."  with  oi'dei's  Ihiit  the 
schooner  slionld  proceed  to  Sitka,  there  to  be  delivered  over 
to  the  authorities  of  11m>  United  States    of    America.       The 
5°  schooner  proceeded  to  Onnalaska.  .'ind  from  thence  (Ihe  In 
difins  refusinrr  to  ere  to  Sitkn)  slie  sailed  to  Vic((>"ia. 

4.  By  reason  of  the  premises  tli(>  further  prosicMion  of  tin: 
said  sealing  voyage  dui-ing  tlie  vear  ISSf)  was  w'  oily  prevent- 
ed, and  the  seiU  skins,  arms,  ammunition.  s](e'  is  ,<alt.  ship's 
paiHM's,  and  other  articles  taken  as  aforesaid,  v,  eio  wliolly  lost 
to  the  owners  and  othei's  interested  in  tin'  same  and  other 
'.OSS.  daiii;ige  and  exjiense  wcm'c  suffered  mid  incurred  by  the 
owner  and  orliers  inieres(e<l  in  llie  '•aid  schooner,  Iier  cargo 
60  ■""!  sealing  voyage. 

Ji,  Tender  the  fuels  !is  found  in  the  .\ward  of  lln>  Paris  Tri 
huncl  of  \rbiii;itio'i,  the  said  h.'iiling.  overliauling.  searching 
and  seizure  vere  without  any  wMi-rnnl  or  i'i!.'ht  ae- 
cordinir  to  the  prim'iples  of  inlei'uational  law,  and  Her  Bri 
tannic  'Maie.stv  claims  that  full  jind  complete  compensation 
should  be  mM!l(>  by  Ihe  CJoviMnment  of  Ihe  Ignited  States  of 
America  to  the  riovernment  of  Her  Britannic  Mn.jesty  for  nil 
loss  sustained  thereby. 


40 


so 

(Claim  No.  15.) 

6.  The  claim  made  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  'f23,0()0,  with  interest  from  the  date  of  loss  at 
the  rate  of  seven  per  centum  per  annum. 


10 


ANWWIili  OF  THE  UNITED  STATES. 


Filed  Ueeember  1,  I80« 


30 


1.  They  admit  that  on  or  about  July  11th,  1889,  the  "Black 
Diamond"  entouutered  the  Uuitetl  States  revenue  cutter 
"Rush,"  who  hailed  and  ordered  her  to  heave  to,  which  order 
was  obeyed,  and  that  thereupon  the  said  "Black  Diamond" 

,o  was  boarded  by  a  force  from  the  "Rusu,"  and  the  papers  of 
the  "Black  Diamond"  were  then  and  there  demanded  and  ex- 
amined; and  tlien  and  there  the  said  force  formally  seized 
the  "Black  Diamond"  and  removed  certain  seal  skins  and 
arms  from  the  "Black  Diamond"  to  the  "Rush,"  and  that  the 
said  "Rush"  placed  on  board  the  "Black  Diamond"  a  man 
from  the  "Rush"  to  deliver  the  said  "Blrick  Diamond"  tj  the 
United  States  authoiities  at  Sitka,  bit  that  then  and  there 
the  "Rush"  deparnd,  and  the  "Black  Diamond"  refused  to 
and  did  not  vecognize  the  seizure,  but  proceeded  upon  ber 
sealing  voyai^e  without  further  let  or  hindrance.  But 
it  is  averri'd  on  the  part  of  the  United  States 
that  the  said  seizure  was  m  de  in  good  faith  by  ofBcers  of  the 
United  States,  v.'ithin  the  line  of  their  duty  under  the  author- 
ity and  mandate  of  the  municipal  laws  of  the  United  States, 
and  such  seizure  wi  s  adopted  in  good  faith  by  the  Govern- 
ment of  the  United  States  as  an  act  to  restrain  a  violation 
of  their  statutes. 

2.  The  United  States  aver  that,  before,  at  the 
time  of,  ami  •■^iter  the  seizure  of  the  said  vessel, 
the  said  vessel,  her  apparel,  outfit  and  cargo,  were 
wholly  or  \\i  part  the  actual  property  of  a  citizen 
or  ciiiy.ens  o(  the  United  States,  and  further  that  at  the  times 
aforesail  the  beneficial  interest  in  the  whole  or  a  part  of  the 
said  v(  ssel,  her  apparel,  outfit  and  cargo,  were  possessed  and 
owned  by  a  citizen  or  citizens  of  the  United  Staten 
and  that  her  said  voyage  was  entered  upon  and  prosecuted, 
in  whole  or  in  part,  for  the  benefit  of  a  citizen  or  citizens  of 
the  United   States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numbered  2,  3,  and  4  in  the  said  Claim  of  Her 
Britannic  Majesty,  the  lepresentatives  of  the  United  States 
have  no  suflicicnt  knowledge,  and  as  to  such  of  them  as  may 
be  held  material  the  United  States  invite  and  require  authen- 
tic and  suitable  proofs  before  the  High  <'ommissione,"s. 

4.  The  United  States,  in  further  reply,  aver  that  the  pros- 
ecution of  the  said  scaling  voyage,  by  the  snid  search  aiul  poi- 
zure  was  not  wliolly  lost  to  the  owners  of  the  "Black  Dinmond" 
and  others  interested  therein;  that  the  claim  nuide  for  such 
loss,  as  is  alleged,  is  grossly  excessive;  and  there  was  no 
other  loss,  damage  and  expense  sufTc  red  and  incurred  by  her 
owners  and  others  interested  in  the  said  vessel,  her  cargo  and 
voyage. 

5.  The  United  States  do  not  admit  any  liability  on  thin 
Claim. 


40 


SO 


60 


SI 

(Claim  No.  15.) 

REPLY  OF  HER  BRITANNIC  MAJESTY. 


nira  Decfi'iber  V,  /«»«. 


1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1  and 
4  of  the  reply  of  the  United  Slates,  except  in  so  far  as  they 

10  contain  admissions. 

2.  In  further  answer  to  the  averments  contained  in  said 
paragraph  1,  Her  Britannic  Majesty  submits  that  the  same 
constitute  no  defence  to  Her  Britannic  Majesty's  claim,  or 
any  part  thereof. 

;{.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above  named  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  tlie  Commissioners,  acting  under  the  Behring  Sea 
Claims  Convention,  to  inquire  as  to  her  ownership;  the  said 
30  finding  of  facts  being  conclusive  so  far  as  this  Commission 
is  concerned. 

4.  And  in  the  alternaiive  and  in  further  answer  to  said 
paragraph  2,  Her  Britannic  Majesty  submits  that  even  if 
such  inquiry  can  be  entered  upon,  it  should  be  limited  to  the 
question  of  actual  ownership  of  the  said  vessel  only,  and 
that  as  between  nations,  and  should  not  in  any  event  extend 
as  to  the  beneficial  interest  in  the  whole  or  a  part  of  the  ves- 
sel, her  apparel,  outfit  and  cargo,  or  as  to  whether  her  voyage 
was  entered  upon  for  the  benefit  of  a  citizen  or  citizens  of  the 

3"  ITnited  States. 

5.  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  of  IHe  allegations  of  fact 
therein  contained. 

fi.  Her  Britannic  Majesty  further  subinits  that  according 
to  the  principles  of  international  law,  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Behring  Sea  Claims  Con- 
vention, the  allegations  contained  in  the  said  Reply  even  if 
proved,  do  not  constitute  any  defence  to  the  Claim  for  com- 
40  pensation  set  forth  in  the  said  Statement  of  ^'aim. 


IN  THE  MATTER  OF  THE  Cl.AIM  OF  HER  BEITANNIO 
MAJESTY  ARISING  OUT  OF  THE  SEIZURE  OF  THE 
SCHOONER  "LILY.' 

CLAIM  No.  16. 


lO 


jriled  Kovember  114,  ISItO. 


1.  The  "Lily"   was  a  Biitisli  si.boouer  rcjuiatere  1  ut  the  port 
rf  Victoiia.  British  (Jolumbij. 

1'.  Ou  the  I'Oth  day  of  May,  isst>,  tlie  "Lily"  sailed  from  the 
port  of  N'ittoiia,  British  Columbia,  bouud  ou  a  sealing  voyage 
to  the  North  I'aeifie  Ocean  and  Behriug  Sea.  ller  mastia- 
was  John  Keilly  and  her  mate  was  (ieorge  McDonald;  she 
carried  u  crew  of  twenty-eight  sailors  and  hunters,  and  was 
20  ^"'b'  equipped  for  said  voyage  and  for  tin;  hunting  and  cap- 
ture of  seals. 

'3.  On  the  (Jih  day  of  August,  188'i,  whilst  in  Behring  Sea, 
in  north  latitude  55.20,  and  west  longitude  16t).15,  and  dis 
tant  about  G(J  miles  from  the  nearest  land,  the  United  States 
revenue  cutter  "Hush''  overhauled  the  .said  "Lily.'"  The  first 
lieutenant  of  the  "Rush"  then  boarded  the  "Li"ly"  and  asked 
her  master  how  many  skins  he  had  ou  board.  This  informa 
tion  was  refu.sed,  the  master  stating  that  he  would  not  ac 
knowledge  the  right  of  the  lieutenant  to  seize  his  vessel  for 
30  sealing  on  the  high  seas.  The  said  li<'utenant  then  returned 
to  the  said  cutter,  and  in  a  short  time  again  came  to  the  "Lily" 
accompanied  by  a  second  boat  from  the  cutter  in  charge  of 
the  second  lieutennit.  Both  the  lieutenants  then  came  on 
board  the  "Lily,"  and  the  first  lieutenant  demanded  the  sur- 
render of  the  schooner,  asking  at  the  same  time  for  the 
schooner's  papers.  Tiiese  the  master  of  the  "Lily"  refnsed 
to  grant,  wherenpon  tlie  tlrst  lieuti-nant  informed  him  that 
unless  he  Immediately  gav<;  np  the  schooner'.**  papers  they 
would  be  taken  by  force.  T'nder  this  threat  the  master  of  the 
"Lily"  gave  up  the  ship's  papers.  The  men  from  the  cutter 
then  removed  to  the  "Rush"  all  the  seal  skins  tlien  on  board 
the  "Lily,"  and  also  lier  spi-ars  and  ;>  quantity  of  salt,  and. 
having  taken  llieso.  tlie  first  lieulen:;n(  directed  the  master 
of  the  "Lily''  to  proceed  to  Sitka  and  (here  deliver  his  schoon- 
er and  himself  up  to  the  authorities  of  the  T'nitod  States  of 
Amei'ica.      The  "Rusli''  then  jiartcd  '■oiiipany  with  the  "Lily.'' 

4.  The  Indian  lnuiters  refused  to  ]M'oceed  to  Sitka,  and  in 
order  to  avoid  further  trouble,  the  niMstcr  directed  (he  course 

50  of  his  schooner  to  Victoi'ia,  aliandoiiing  tlie  furtlier  prosecu 
tion  of  the  voyage. 

5.  By  reason  of  the  premises  (he  furthei-  jirosecution  of  the 
said  sealing  voyage  during  the  yejir  18S!t  was  wholly  prevent- 
ed, and  all  the  seal  skins,  sjiears,  salt,  ship's  papers  and  other 
articlffl!  taken  as  aforesaid,  were  wholly  lost  to  the  owners 
thereof,  and  other  persons  interested  therein,  and 
other  loss,  damage  and  expense  were  suffered  and  in- 
curred by  the  owners  and  others  interested  in  the  said  schoon- 

60  er.  her  cargo  and  sealing  voyage. 

fi.  Under  the  facts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal of  Arbitiat'Oii.  the  said  ovei-hanliiig.  boMnliiig.  search- 
ing, seizures  and  other  intei-ferences  were  without  any  war- 
rant or  right  according  to  the  principles  of  iiitcMualional  law 
and  Her  Britannic  Afiijesty  claims  that  fell  and  complete 
compensation   should  be  made  by    (he    Coverument    of    the 


40 


Tnited  States  (if  .\merica  to  the  Ciovt 
nic  Majesty  for  all  loss  sustained  thereby. 


iient  of  Her  Britan 


liWu-' 


53 

(Chiiiii  No.  Ifi.) 

7.  The  tlaini  iiinlc  for  the  loss  iirisinii  out  of  the  premises 
is  the  sum  of  ^22,000,  with  interest  from  the  date  of  loss  at 
tlie  rate  of  seven  per  centum  per  annum. 


10 


ANSWER  OF  THE  UNITED  STATES. 


fUed-hncrmltrr  O,  IHUii. 


30 


1.  They  admit  tliat  on  or  about  August  Gth,  1889,  the  "Lily" 
encountered  the  United  States  revenue  cuttc-r  "Kusli,"  who 
liailed  and  ordered  her  to  heave  to,  which  order  was  obeyed, 
and  that  thereupon  the  said  "Lily"  was  boarded  by  a  force 
from  the  "Kush"  and  the  papers  of  the  "Lily"  were  then  and 
20  there  demanded  and  examined;  that  then  and  there  the  said 
force  formally  seized  the  '"Lily"  and  removed  certain  seal 
skins  and  arnu  from  the  "Lily"  to  the  "Kush,"  with  instruc- 
tions from  the  comumnder  of  the  "Kush"  to  deliver  the  said 
"Lily"  to  the  United  States  authorities  at  Sitka,  but  that  then 
and  there  the  "Kush"  departed,  and  the  "Lily"  refused  to  and 
did  not  recognize  tlie  seizure,  but  proceeded  upon 
lier  sealing  voyage  without  further  let  or  hindrance. 
But  it  is  averred  on  the  part  of  the  United  States  that  the 
said  .seizure  was  made  in  good  faith,  by  officers  of  the  United 
States,  within  the  line  of  their  duty  under  the  authority  and 
mandate  of  the  municipal  laws  of  the  United  States,  and 
such  seizure  was  adopted  in  good  faith  by  the  Government  of 
the  United  States  as  an  act  to  restrain  violation  of  the  said 
statutes. 

2.  The  United  States  aver  that,  before,  at  the  time  of,  and 
after  the  said  seizure  of  the  said  vessel,  the  said  vessel,  her  ap- 
parel, outfit  and  cargo,  were  wholly  or  in  part  the  actual  pro- 
perty of  a  citizen  or  citizens  of  the  United  St£„tes,  arid  further 

40  that  at  the  times  aforesaid  the  beneficial  interest  in  the  whole 
or  a  part  of  said  vessel,  her  apparel,  outfit  and  cargo, 
was  possessed  and  owned  by  a  citizen  or  citizens  of  the 
United  States,  and  that  her  said  voyage  was  entered  upon 
and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of  a  citi- 
zen or  citizens  of  tlie  United  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numberi.'d  2,  3,  4  and  5  in  the  said  claim  of  Her  Brit- 
annic Majesty,  the  representatives  of  the  United  States  have 
no  sufficient  knowledge,  and  as  to  such  of  them  as  may  be 

50  held  material  the  United  States  invite  and  require  authentic 
and  suitable  proofs  before  the  High  Commissioners. 

•1.  The  United  States,  in  further  reply,  aver  that  the  prose- 
cution of  the  said  scaling  voyage,  by  said  search  and  seizure, 
was  not  wholly  lost  to  tlie  owners  of  the  "Lily," 
and  others  interested  therein;  that  the  claim  made  for  sucii 
loss,  as  is  alleged,  is  grossly  excessive;  and  that  there  was  no 
other  loss,  damage  and  expense  suffered  and  incurred  by  her 
owners  and  others  interested  in  the  said  vessel,  her  cargo  and 
gQ  voyage. 

5.  The  United  States  do  not  admit  any  liability  on  this 
Glnim. 


54 

(Claim  No.  16.) 
REPLY  OF  HEE  BRITANNIC  MAJESTY. 

MVea  Betembrr  14,  tHOit. 

1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1  and  4 
of  tlie  Reply  of  the  United  States,  except  in  so  far  as  they 
contain  udmiosions. 

2.  In  further  answer  to  the  averments  contained  in  said 
paragraph  1,  Her  Britannic  Majesty  submits  that  the  same 
constitute  no  defence  to  Her  Britannic  Majesty's  claim  or 
any  part  thereof. 

3.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  the  Commissioners,  acting  under  the  Behring  Sea 
Claims  Convention,  to  inquire  as  to  her  ownership;  the  said 
2o  finding  of  facts  being  conclusive  so  far  as  this  Commission  is 
concerned. 

4.  And  in  the  alternative  and  in  fuilher  answer  to  said  par- 
agraph 2,  Her  Britannic  Majesty  submits  that  even  if  such 
inquiry  can  be  entered  upon,  it  should  be  limited  to  the  ques- 
tion of  the  actual  ownership  of  the  said  vessel  only,  and  that 
as  between  nations,  and  should  not  in  any  event  extend  as 
to  the  beneficial  interest  in  the  whole  or  a  part  of  the  vessel, 
her  apparel,  outfit  and  cargo;  or  as  to  whether  her  voyage 
was  entered  '.i]>on  for  the  benefit  of  a  citizen  or  citizens  of 

3°  the  United  Stsites. 

5.  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  of  the  allegations  of  fact 
therein  contained. 

6.  Her  Britannic  Majesty  further  submits  that,  according 
to  the  principles  of  international  law,  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Behring  Sea  Claims 
Convention,  the  alleg.itions  contained  in  the  said  Reply,  even 
if  proved,  do  not  constituto  any  defence  to  the  Claim  for  com- 

.Q  pensation  set  forth  in  the  said  Statement  of  Claim. 


;l  il.jr 


55 

IN  THE  MATTER  OF  TUE  CLAIM  OF  HER  BRITANNIO 
MAJESTY  ARISING  OUT  OF  THE  SEIZURE  OF  THE 
SCHOONER  "AJINNIE." 

CLAIM  No.  17. 


rtua  Kovember  »S,  1890. 

to 

1.  The  "Minnie"  was  a  Britisli  scliooner  registered  at  the 
port  of  Victoria,  British  Columbia. 

2.  On  or  about  the  1st  day  of  May,  1881),  the  "Minnie"  sailed 
from  Victoria,  British  Columbia,  bound  on  a  sealing  voyage 
to  the  North  Pacific  Ocean  and  Bchring  Sea.  Her  master 
was  Victor  Jacobson,  and  she  carried  a  crew  of  twenty-one 
Siiilors  and  hunters,  and  was  fully  equipped  for  said  voyage 
and  for  the  hunting  and  capture  of  seals. 

2Q  3.  At  the  time  of  tlie  seizure  in  the  next  paragraph  men- 
tioned, the  "Minnie"  was  about  (5.5  miles  northwest  by  west  of 
I'nimak  Pass,  and  about:  that  distance  from  Unimak  Island, 
the  nearest  land. 

4.  On  the  15th  day  of  July,  1881),  the  "Minnie"  encountered 
the  ITnited  States  revenue  cutter  "Rush,"  who  hailed  and 
ordered  her  to  heave  to,  which  was  done,  and  thereupon  a 
boat  was  sent  from  the  "Rush"  containing  two  otticers  and 
twelve  men.  One  of  the  officers  and  five  or  six  of  the  men 
came  on  board  the  "Minnie,"  and  the  officers  demanded  from 

■  30  the  nuister  of  the  "Minnie"  the  ship's  papers,  which  were 
iianded  to  him.  Upon  receiving  those  he  proceeded  back  to 
the  "Rush,"  and  in  a  short  time  returned  and  informed  the 
master  of  the  "Minnie"  tliat  lie  would  take  all  the  seal  skins, 
seize  the  "Minnie"  and  send  her  to  Sitka  in  charge  of  a  man 
from  the  "Ru.sh."  Having  given  this  notice,  he  caused  the 
hatches  of  the  "Minnie"  to  be  opened,  and  took  all  the  seal 
skins  then  on  board,  also  the  arms,  both  guns  and  spears,  and 
sent  them  on  board  the  said  cutter.  He  also  took  a  consider- 
40  able  quantity  of  salt. 

5.  After  having  removed  the  aforementioned  articles  from 
the  "Minnie,"  a  man  from  the  cutter  was  placed  on  board, 
and  the  master  was  informed  that  this  man  would  take 
charge  of  the  vessel,  except  navigating  her,  and  take  her  to 
Sitka.  The  man  placed  on  board  was  furnished  with  written 
instructions  from  the  commander  of  the  "Rush,"  directing 
him  to  deliver  tlie  "Minnie"  to  the  United  States  authorities 
a(  Sitka  and  place  the  master  and  mate  under  arrest. 

(i.  The  master  of  the  "Minnie"  did  not  obey  the  orders  thus 

5°  given  by  the  officer  of  the  "Rush,"  but,  fearing  that  he  might 

iigain  be  seized,  he  proceeded  to  another  part  of  Behring  Sea, 

where  the  opportunity  to  kill  seals  was  not  nearly  so  good 

as  in  that  part  where  he  was  when  seized. 

7.  By  reason  of  the  premises  the  further  prosecution  of  the 
said  sealing  voyage  during  the  latter  part  of  the  year  1889 
was  greatly  interfered  with,  and  the  seal  skins,  guns,  spears, 
salt,  ship's  papers,  and  other  articles  taken  as  aforesaid,  were 
wholly  lost  to  the  owners  and  others  interested  therein,  and 

60  other  loss,  damage  and  expense  wi;re  suffered  and  incurred 
by  the  owner  and  others  interested  in  the  said  vessel,  her 
cargo  and  sealing  voj'age. 

8.  Under  th-'  facts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal of  Arbitration,  the  said  boarding,  search  and  seizure 
wi're  without  any  warrant  or  right  according  to  the  princi- 
ples of  international  law,  and  Her  Britannic  Majesty  claims 
that  full  and  complete  compensation  should  be  made  by  the 
Government  of  the  United  States  of  America  to  the  Govern- 


56 
(Claim  No.  17.) 

nuMit  of  Ilpr  Krittiniiic  Majesty  for  all  loss  sustained  tlioreby. 
!».  The  claim  made  for  the  losts  arising  ont  of  the  premises 
is  the  sum  of  !f22,()(K),  and  interest  thereon  from  the  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 


lO 


ANSWER  OF  THE  UNITED  STATES. 


tHled  lieeembur  1,  tHOtt. 


20 


30 


40 


5° 


60 


1.  They  admit  that  on  or  about  July  15,  1889,  the  "Minnie" 
encountered  the  United  States  revenue  cutter  "Eusli,"  who 
hailed  and  ordered  her  to  heave  to,  which  order  was  obeyed, 
and  that  thereupon  the  said  "Minnie"  was  boarded  by  a  force 
from  the  "Rush,"  and  the  papers  of  the  "Minnie"  were  then 
and  there  demanded  and  examined;  that  then  and  tiiere  the 
said  force  formally  seized  the  "Minnie"  and  removed  certain 
seal  skins  and  arms  from  the  "Minnie"  to  the  "Rush,"  and 
that  the  said  "Rush"  placed  on  board  the  "Minnie"  a  man 
from  the  "Rush,"  with  instructions  from  the  commander  of 
the  "Rush"  to  deliver  the  said  "Minnie"  to  the  United  States 
authorities  at  Sitka,  but  that  then  and  there  the  "Rush"  de- 
parted and  the  "Minnie"  refused  to  and  did  not  rec- 
ognize the  seizure,  but  proceeded  upon  her  seal- 
ing voyage  without  further  let  or  hindrance.  But 
it  is  averred  on  the  part  of  the  United  States  that  the 
said  seizure  was  made  in  good  faith,  by  officers  of  the  United 
States,  within  tlie  line  of  their  duty  under  the  authority  and 
mandate  of  tlie  municipal  laws  of  the  United  States,  and 
such  seizure  was  udo])ted  in  good  faith  by  tlie  Government 
of  tlie  United  States  as  an  act  to  restrain  a  violation  of  their 
statutes. 

2.  The  United  States  aver  that  before,  at  the  time  of,  and  af- 
ter the  seizure  of  the  said  ves.sel,  the  said  vessel, 
her  apparel,  outfit  and  cargo,  were  wholly  or  in  part  the 
actual  property  of  a  citizen  or  citizens  of  the  United  States, 
and  further  that  at  the  limes  aforesaid  tlie  beneficial  interest 
in  the  whole  or  a  part  of  the  said  vessel,  her  apparel,  outfit 
and  cargo,  was  possessed  and  owned  by  a  citizen  or  citizens 
of  tlie  United  States,  and  that  her  said  voyage  was  entered 
upon  and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of 
a  citizen  or  citizens  of  the  United  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numbcied  2,  3,  4,  5,  6  and  7  in  the  said  Claim  of  Her 
Itritannic  Majesty,  the  representatives  of  the  United  States 
have  no  snflicieut  knowledge,  and  as  to  such  of  tlicm  as  may 
lie  held  material  <l  e  United  States  invite  and  require  suitable, 
authentic  proofs  befo'e  the  High  Comniissioners. 

4.  The  United  States,  in  further  reply,  aver  that  the  prose- 
cution of  tlie  said  seaiing  voyage  by  the  said  search  and  sei- 
zure was  not  wholly  lost  to  the  owners  of  the  "^fiunie"  and 
others  interested  therein;  that  the  claim  made  for  such  loss 
as  is  alleged  is  grossly  excessive;  and  that  there  was  no  other 
loss,  damage  or  expense  suffered  and  incurred  by  her  owners 
and  others  interested  in  the  said  vessel,  her  cargo  and  voy- 
age. 

5.  The  United  States  do  not  admit  any  liability  on  this 
Claim. 


i  JUji'-, 


57 

(Clniin  No.  17.) 

KEtLY  OF  HER  BRITANNIC  MAJESTY. 

Hied  Htcember  t),  lH9a. 


20 


1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1  and 
10  4  of  tlie  Reply  of  the  United  States,  except  in  so  far  as  they 

contain  aduiissiuns. 

2.  In  further  answer  to  the  averments:  contained  in  said 
paragraph  1,  Her  Majesty  submits  that  the  same  constitutes 
no  defence  to  Her  Britannic  Majesty's  Claim,  or  any  part 
thereof. 

3.  As  to  parajrraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  the  Commissioners,  acting  under  the  Behring  Sea 
Claims  Convention,  to  inquire  as  to  her  ownership,  the  aaid 
finding  of  facts  being  conclusive  so  far  as  this  Commission  is 
concerned. 

4.  And  in  the  alternative  and  in  further  answer  to  said 
paragraph  2,  Her  Britannic  Majesty  submits  that  even  if  such 
inquiry  can  be  entered  upon,  it  i^hould  be  limited  to  the  ques- 
tion of  actual  ownership  of  the  said  vessel  only,  and  that 
as  between  nations,  and  should  not  in  any  event  extend  as  to 
the  beneficial  interest  in  the  whole  or  a  part  of  the  vessel, 

,Q  her  apparel,  outfit  and  cargo;  or  as  to  whether  her  voyage 
was  entered  upon  for  the  benefit  of  a  citizen  or  citizens  of 
tlie  United  States. 

5.  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  and  every  of  the;  allegations  of  fact  there- 
in contained. 

6.  Her  Britannic  Majesty  further  submits  that,  according  to 
the  principles  of  international  law,  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Behring  Sea  Clahns 
Convention,  the  allegations  contained  in  the  said  Reply,  even 

40  if  proved,  do  noc  constitute  any  defence  to  the  Claim  for  Com- 
pensation set  forth  in  the  said  Statement  of  Claim. 


%8 

IN  THK  MATTER  OF  TIIK  ("LA!>i  OK  lIKIt  BRITANNIC 
MAJESTY  ARIHINO  I- "MM  THE  WARNING  FROM 
BEURIXG  HEA  OF  THE  SCHOONER  "TRIUMPH." 

CLAIM  No.  18. 


FlUa  Iforrmber  »a,  J«»0. 


lO 


20 


30 


1.  The  "Triumph"  was  a  British  schooner  registered  at  the 
Port  of  Victoria,  British  Coluiiibia. 

2.  Ou  or  about  the  2utli  day  of  April,  188l>,  tlie  "Triumph" 
sailed  from  Victoria,  Britisli  (Columbia,  bound  on  a  sealing 
vojaKe  to  the  North  I'at-iHt!  Ocean  and  Behrin^r  Sea.  Her 
master  was  Daniel  McLean;  and  Mhe  carried  i\  sliip's  caiiien- 
ter.  gunner,  steward,  eight  iiunterw,  seventeen  abl(>-bodied 
seamen  and  two  appwntices,  and  was  fully  equipp*"*!  for  said 
voyage  and  for  the  liunting  and  capture  of  seals. 

.3.  On  the  11th  day  of  July,  188!),  whilst  in  Behring  Sea.  and 
outside  of  territorial  water,  the  "Triumph"  was  hove  to  and 
boarded  by  Lieutenant  Tuttle,  of  the  United  States  revenue 
cutter  "Rush,"  who  searched  the  vessel,  examined  the  ship's 
papers;  orderi'd  the  master  to  take  the  vessel  out  of  Behring 
Sea,  and  threatened  to  confiscate  the  scliooner  and  her  cargo 
if  she  was  cnuglit  in  the  act  of  killing  seals  or  having  mnils  on 
board  after  having  been  warned. 

4.  Bj'  reason  of  the  order  given  and  threats  made  use  of  by 
the  said  officer,  and  fearing  and  liaving  reason  to  fear  and  be- 
lieve that  if  he  persisted  in  hunting  seals  in  Behring  Sea  his 
vessel  would  actually  be  seized,  and  himself  and  mate  arrest- 
ed the  master  of  tlio  "Triumph"  abandi>mKl  liis  voyage  and 
returned  to  Victoria,  witliout  liaving  taken  or  attempted  to 
take,  any  seal  skins  after  having  been  threatened  as  afore 
said. 

5.  By  reason  of  the  premises  tlie  further  prosecution  of  the 
said  sealing  voyage  during  the  year  1889  was  wholly  prevent- 
ed, and  other  loss,  damage  and  expense  were  suffered  and  in- 

40  curi*ed  by  the  owner  and  others  interested  in  the  said  schoon- 
er, her  cargo  and  sealing  voyage. 

6.  Under  the  facts  as  found  in  the  Awnrd  of  the  Paris  Tri- 
bunal of  Arbitration,  the  said  search,  order  to  leave  Behring 
Sea  and  threat  of  seizure  were  without  any  warrant  or  right 
according  to  the  principles  of  International  law,  and  Her 
Britannic  Majesty  claims  that  full  ard  complete  compensa- 
tion should  be  made  by  the  Governmc'nt  of  the  United  States 
of  America  to  the  Government  of  Her  Britannic  Majesty  for 
all  loss  thereby  sustained. 

7.  The  claim  made  for  '.he  loss  arising  out  of  the  premises 
is  the  sum  of  |25,000,  with  interest  from  date  of  loss  at  the 
rate  of  seven  per  centum  per  annum. 


50 


60 


ANSWER  OP  THE  UNITED  STATES. 

filed  Iteeember  1,  ISMS 

1.  They  admit  that  on  or  about  July  11th,  1889,  at  a  posi- 
tion the  exact  location  of  which  is  not  known,  the  "Triumph" 
was  hailed  by  the  I'nited  States  revenue  cutter  "Rush"  and 
warned  to  cease  scaling  in  Behring  Sea,  and  that 
the  "Rush"  was  a  public  armed  vessel  of  the 
United  States,  acting  under  the  instructions  of  that  Govern- 
me' t  to  seize  all  vessels  engaged  in  killing  fur  seal  in  Behr- 


,1  ii«^'. 


10 


59 

(Claim  No.  IS.) 

lug  Hea,  after  giviug  due  notice,  aud  that  the  "Triumph," 
when  80  waiued  or  notified,  was  engaged  in  fur  sealing  or 
prosecuting  a  voyage  for  that  purpose,  and  that  the  action  of 
the  said  "Kush"  in  so  warning  and  notifying  the  said  "Tri- 
umph," was  adopted  by  the  QoTernment  of  the  United  States. 
But  it  is  averred  on  the  part  of  the  United  States  that 
tlie  said  warning  and  notice  were  given  in  good  faith,  by  ofll- 
fors  of  the  United  States,  within  the  line  of  their  duty  under 
tlie  mandate  of  the  municipal  laws  of  the  United  States,  and 
such  warning  and  notice  were  adopted  in  good  faith  by  the 
Oovornment  of  the  United  States  as  an  act  lo  restrain  a  vio- 
lation of  their  statutes. 

2.  Tlie  United  States  aver  that  before,  at  the  time  of,  and 
ifter  the  saio  warning  and  notice  to  the  said  vev 
sel,  the  saiil  vesnel,  her  ajjpniel,  outfit  and  cargo, 
were  wholly  or  -n  pnrt  the  actual  property  of  a 
citizen  or  citizens  of  the  United  States,  and  further 
that  at  times  aforesaid  the  beneficial  interest  in  the  whole 
or  a  part  of  the  said  vessel,  her  apjiarel,  oiilflt  and  cargo,  was 
possessed  and  owned  by  a  citizen  or  citizens  of  the  Tlnited 
Slates,  and  that  her  said  voyage  was  entered  upon  and  prose- 
cuted, in  whole  or  in  i)art,  for  the  benefit  of  a  citizen  or  citi- 
zens of  the  United  States. 

a.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numbered  2,  .S,  4  and  5  in  the  said  Claim  of  Her  Brit- 
annic Majesty,  the  reiircscniatives  of  the  United  States  have 
no  snfflcient  knowliMlfje,  and  as  to  such  of  them  as  may  be 
held  material  the  T'nited  States  invite  and  require  suitable 
authentic  proofs  before  tlie  High  Commissioners. 

4.  The  United  States  further  reply,  as  to  paragraph  num- 
bered .T  or  said  Claim,  that  the  said  sealing  voyage  of  the 
"Triumph"  was  not  wholly  prevented  by  the  said  warning  and 
notice,  and  that  no  loss  or  damage  was  suffered  by  those  in- 
terested in  the  said  voyage  and  the  said  schooner. 

5.  The  United  States  do  not  admit    any    liabilitv  on    this 
40  Claim. 


20 


30 


REPLY  OP  HER  BRITANNIC  MAJESTY. 


SO 


60 


/■'Iffrf  llrfimliff  tf,  IHOfi. 

1.  Her  Biitannic  Majesty  joins  issue  on  paragraphs  1  and 
4  of  the  Reply  of  the  United  States,  except  in  so  far  as  they 
contain  admissions. 

2.  In  further  answer  to  the  averments  contained  in  said 
paragraph  1,  Her  Britannic  Majesty  submits  that  the  same 
constitutes  no  defence  to  Her  Britannic  Majesty's  Claim,  or 
any  part  thereof. 

3.  As  to  paragraph  2,  Her  Britannic  Majesty  siiys  that  the 
above-named  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 
open  to  the  Commissioners,  acting  under  the  Behring  Sea 
Claims  Convention,  to  inquire  as  to  her  ownership;  the  said 
finding  of  facts  being  conclusive  so  far  as  this  Commission  is 
concerned. 

4.  And  in  the  alternative,  and  in  further  answer  to  said  par- 
agraph 2,  Her  Britannic  Majesty  submits  that  even  if  such 
inquiry  can  be  entered  upon,  it  should  be  limited  to  the  ques- 
tion of  the  actual  ownership  of  the  said  vessel  only,  and  that 


60 


lO 


(Clulin  \<>,  IH.) 

iiH  hctwcon  nntioiiR,  iinti  hIiouUI  not  in  uny  vvi'ut  t'Xtcnd  na 
to  (he  bcuefleinl  iuteri'Bt  in  the  whole  or  a  pnrt  of  the  vesHel, 
her  nppnrel,  outfit  and  cargo;  or  ns  to  whether  her  voynge 
wns  entered  npon  for  the  benefit  of  n  citizen  or  citizens  of 
the  United  States. 

5.  In  furtlier  unnwer  fo  miid  panigrapli  2,  Her  Iti-itaniilc 
MnjeRty  denies  each  and  every  of  the  ailegations  of  fact 
tliercin  contained. 

6.  Her  Hritannic  Majenty  further  subniitH  tliat,  .iceordinR 
to  the  principles  of  internationai  law.  the  practice  obtaining 
nmong  nations,  and  the  terms  of  the  Behring  Sea  Claims  Con- 
vention, the  allegations  contained  in  the  said  Reply,  even  if 
pi-ove*!,  do  not  constitute  any  defence  to  the  Claim  for  com- 
pensation set  forth  in  the  said  Statement  of  Claim. 


I  ji,ij-. 


Ci 


>iid  ns 

Vl'BHCl, 

royago 
ean  of 

tannic 
r   fnct 

)i"(liin» 
tilling 
J  Con- 
ven  If 
'  com- 


IN  THE  MATTER  OP  TUK  CLAIM  OF  HER  BRITANNIC 
MA.IKHTV  AUISINCJ  OUT  OF  THE  HJ-KUAL  INTER- 
FEKEN<;E  WITH  THE  8CHOONEU  "ARIEL." 

OLAIM.No.  19. 

flirt  Kamntbrr  !t4,  ISIht. 


lO 


20 


30 


4'-' 


50 


1.  The  "Ariul''  wuh  a  BritiHli  acLuouer  regiuteied  at  the  port 
of  Victui-iu,  Brititth  Columbia. 

2.  Ou  or  about  tin-  11th  day  of  February,  188!),  the  "Ailel"' 
HailiNi  from  the  |M)rt  of  Victoria,  nritisli  Columbia,  bound  on 
a  Healing  voyage  to  tlie  North  I'aiilir  Ocean  and  BehrinK 
Hea.  Her  nuiHter  wa«  Samuel  W.  Hiuknam;  her  mate  was 
Herman  Hmith.  Hiie  carried  a  crew  of  twenty-two  sailorH 
and  liunterH,  and  wan  fully  equipped  for  Haid  voynRe  and  for 
tile  liiintinK  and  captun*  of  NonlH. 

:{.  On  the  .'{0th  day  of  July.  188!),  wliile  the  "Ariel"  wuh  in 
Behrinjt  Sea,  about  40  niiloB  from  tlie  nearent  land,  the  Unit- 
ed States  revenue  i  utter  "RuhIi"  came  nlon^Hide  the  Haid 
HclKMiner,  and  nhe  was  boarded  by  three  olflcerH  from  the  Haid 
cutter.  The  said  officers  examined  and  Hearclicd  the  ".\riel," 
and  aslitHl  tli,'  number  of  the  crew  and  the  date  when  the 
schooner  entered  the  Sea;  also  the  number  of  seal  skins  then 
on  board;  and.  liavinp  done  this,  they  warned  and  threat- 
ened tlie  master  of  the  "Ariel"  that  if  he  was  caught  taking 
seals,  or  with  fresh  seal  skiiiK  on  board,  lis  schooner  would 
Ik?  8«Mzed  and  he  and  his  mate  placed  under  arrest.  They 
then  left  the  ".\ri"l."  On  account  of  the  ihrents  so  mad" 
as  aforesaid  the  m.'ister  of  the  "Ariel"  sailed  for  one  of  th(f 
passes  leadins  out  of  Behrinp  Sea. 

4.  By  reason  of  the  premises  the  prosecution  of  the  said 
seiiling  voyapp  during;  the  latter  part  of  the  year  1889  was 
fjreatly  interfered  with,  and  other  loss,  damaf^e  and  expense 
were  suffered  and  incurred  by  the  owner  and  others  interest- 
ed in  the  said  schooner,  her  cargo  and  sealing  voyage. 

^.  TTnder  the  facts  as  found  in  the  Award  of  the  Paris  Tri- 
bunal of  Arbitration  the  searching  of  the  said  vessel,  and  the 
ordering  her  out  of  Behring  Sea  under  threat  of  seizure  as 
aforesaid,  were  without  any  warrant  or  right  according  to  the 
principles  of  International  law,  and  Her  Britannic  clnin;s 
that  full  and  complete  compensation  should  be  made  by  the 
fJovernment  of  the  United  States  of  America  to  the  Govern- 
ment of  Her  Britannic  Majesty  for  all  loss  sustained  thereby. 

0.  The  claim  made  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  If  12.00(1,  with  interest  thereon  from  the  date  of 
loss  at  the  rate  of  seven  per  centum  per  annum. 


ANSWER  OF  THE  UNITED  STATES. 


60 


Fited  Drermher  9, 18»«. 

1.  They  admit  that  on  or  about  July  30th,  1889,  at  a  dis- 
tance of  about  forty  miles  fi-om  the  nearest  land,  the  ".\riel" 
was  hailed  by  the  United  States  revenue  cutter  "Rush"  and 
warned  to  cease  senling  in  Bering  Sea  and  ordered  to  leave 
Bering  Sea,  and  that  the  "Rush"  was  a  public,  armed  vessel 
of  the  United  States,  acting  under  the  instnictions  of  that 
Government  to  seixe  all  vessels  engaged  in  killing  fur  seal 


m 


62 

(Claim  No.  19.) 

in  Bering  Sea.  after  giving  due  notice,  and  that  the  "Ariel" 
when  so  warned  and  notified  \va.s  engaged  in  fur  sealing  or 
prosecuiing  a  vo.yage  for  that  puriiose,  and  that  the  action 
of  the  said  "Uiish"  in  warning  and  rioiifyiiig  Ihe  said  "Ariel" 
was  adopted  by  thc^  Government  of  fiie  United  States.  But 
it  is  averred  on  tlie  i)art  of  llie  T'nited  States,  that  the  said 
warning  and  notice  were  given  in  good  faiUi  by  officers  of 
10  the  United  States,  within  the  line  of  their  duty,  under  the 
authority  and  mandate  of  tlie  municipal  laws  of  the  TJnited 
States,  and  sudi  warning  and  notice  were  adopted  in  good 
faith  by  the  Government  of  the  Ignited  Stites  as  an  act  to 
restrain  a  violation  of  their  statutes. 

2.  The  United  States  aver  that  before,  at  the  time  of,  and 
after  tlie  said  warning  and  notice  to  the  said  vessel,  the  said 
vessel,  her  apparel,  outfit  and  cargo  wen*  wholly  or  in  part  the 
actual  property  of  a  citizen  or  citizens  of  the  T'^nited  States, 
and  further  thai  at  file  times  aforesaid  the  beneficial   interest 

^°  in  the  whole  or  a  parf  of  the  said  vessel,  her  apparel,  outfit  and 
cargo,  was  possessed  and  owned  Vy  a  citizen  or  citizens  of  the 
United  States,  and  that  her  sr.ui  voyage  was  entered  upon 
and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of  a  citi- 
zen or  citizens  of  the  United  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numb.^rcd  2,  3,  and  4  in  the  said  claim  of  Her  Bri- 
tannic Majesty,  the  representatives  of  the  United  States 
have  no  sufficient  knowledge,  and  as  to  such  of  them  as  may 

*o  h«  hPl<^  material  the  United  States  invite  and  require  suita- 
ble, authentic  proof  before  the  High  Commissioners. 

4.  The  TTnited  States  further  reply,  as  to  paragraph  num- 
bered 4  of  said  claim,  that  the  said  sealinar  voyage  of  the 
"Ariel"  was  not  wholly  prevented  by  the  said  warning  and 
notice,  and  that  no  loss  or  damage  was  suffered  by  those 
interested  in  the  said  voyage  and  the  said  schooner. 

6.  The  United  States  further  reply  that  they  are  not  liable 
for  any  snm  in  the  premises. 

40 


REPLY  OF  HER  BRITANNIC  MAJESTY. 


Sited  December  O,  1890. 


SO 


1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1  and 
4  of  the  Reply  of  the  United  States,  except  in  so  far  aa 
they  contain  admissions. 

2.  In  further  answer  to  the  averments  contained  in  said 
paragraph  1,  Her  Britannic  Majesty  submits  that  the  same 
constitute  no  defence  to  Her  Britannic  Majesty's  Claim,  or 
any  part  thercof. 

3.  As  to  paragraph  2,  Her  Britannic  Majesty  says  that  the 
above-named  schooner  was  found  by  the  Tribunal  of  Arbitra- 
tion at  Paris  to  be  a  British  vessel,  and  submits  that  it  is  not 

6o  open  to  the  Commissioners,  acting  under  the  Behring  Sea 
Claims  Convention,  to  inquire  aa  to  her  ownership;  the  said 
finding  of  facts  being  conclusive  so  far  as  this  Commission  is 
concerned. 

4.  And  in  the  alternafive  and  in  further  answer  to  said 
pararrraph  2,  Iler  Britannic  Majesty  submits  that,  even  if 
Riu'li  inquiry  can  be  entered  upon,  it  should  be  limited  to  the 
(question  of  the  actual  ownerslilp  of  tlie  paid  vessel,  only,  and 
that  as  between  naf  loi  »,  and  should  not  in  any  event  extend 


('  )L.J  ■ 


(O 


65 

(Claim  No.  19.) 

as  to  the  beneficial  interest  in  the  whole  or  a  part  of  the  ves- 
sel, her  apparel,  outfit  and  cargo;  or  as  to  whether  her  voyage 
was  entert'il  upon  for  the  benefit  of  a  citizen  or  citizens  of  the 
United  States. 

5.  In  furtlier  answer  to  said  paragraph  2,  Her  Britannio 
Majesty  denies  each  and  every  of  the  allegations  of  fact  there- 
in contained. 

6.  Hep  Britannic  Majesty  further  submits  that,  according 
to  the  principles  of  international  law,  the  practice  obtaining 
amonar  nations,  and  the  terms  of  the  Behring  Sea  Claims  Con 
vention,  the  allegations  contained  in  the  said  Reply,  even. if 
proved,  do  not  constitute  any  defence  to  the  Claim  for  com- 
pensation set  forth  ?n  th->  said  Statement  of  Claim. 


64 

IN  THE  MATTER  OF  THE  CLAIM  OF  ITER  BRITANNIC 
MAJESTY  ARISING  OUT  OF  THE  ILLEGAL  INTER- 
FERENCE WITH  THE  SCHOONER  "KATE." 

CLAIM  No.  20. 


lO 


20 


30 


40 


SO 


filed  yovrmber  -JS,  tSOtt. 

1.  The  ''Kat<!"  was  a  British  schooner  registered  at  the  port 
of  Victoria,  British  Columbia. 

2.  On  or  about  the  1st  day  of  June,  1889,  the  "Kate"  sailed 
from  Victoria,  British  Columbia,  bound  on  a  sealing  and  hunt- 
ing voyage  to  tlie  North  Pacific  Ocean  and  Beliring  Sea.  Her 
master  was  Neils  Moss;  she  carried  a  crew  of  twenty  sailors 
and  hunters,  and  w.ts  fully  equipped  for  said  voyage  and  for 
the  hunting  and  capture  of  seals. 

,1.  On  the  l.Sth  day  of  August,  1889,  the  United  States  reve- 
nue cutter  "Rush"  pteanied  up  within  hailing  distance  of  the 
"Kate"  and  an  officer  of  the  said  cutter  asked  the  master 
what  he  was  doing,  to  which  he  replied  that  lie  was  fishing. 
Thereupon  he  was  informed  by  the  officer  that  lie  had  been 
directed  to  order  all  schooners  out  of  Bchrinj;  Sea  if  caught 
sealing,  and  that  if  he  saw  the  "Kale"  in  Rehring  Sea  again 
he  would  seize  her.  Tlie  said  schooner  was  then  ordennl  out 
of  Rehring  Sea  by  the  said  cutter  "Rush." 

4.  In  consequence  of  the  said  order  and  threat  of  seizure 
so  made  as  aforesaid,  and  fearinc  that  if  he  did  not  leave 
Behrina:  Sea  his  schooner  would  l^o  seized,  tlu^  miister  of  the 
"Kate"  sailed  out  of  Reining  Sea  and  abandoned  liis  sealing 
voyage,  which  he  would  not  have  done  until  much  later  if  he 
had  not  been  interfered  with. 

5.  By  reason  of  the  premises  the  fiii'ther  prosecution  of  the 
said  sealinc  voyage  during  Ihe  year  1889  was  wholly  prevent- 
ed, and  other  loss,  damage  and  expense  were  suffered  and  in- 
curred by  the  owners  and  others  interested  in  the  said 
schooner,  her  cargo  and  sealing  voyaqre. 

6.  Tender  the  facts  as  found  in  the  ,\ward  of  the  Pai-is  Tri- 
bunal of  ArbiM'ation.  tlie  givinc  of  the  said  order  to  leave 
Rehring  Sea.  and  the  threat  of  seizur(>  bv  the  officer  of  the 
cutter  "Rush"  as  aforesaid  were  without  any  warrant 
or  ricfht  accordiiiL'  to  the  principles  of  international  law,  and 
Her  Rritannic  Majesty  claims  that  full  and  complete  com 
pensation  should  be  made  by  the  <iovernmont  of  the  United 
States  of  America  I0  the  Government  of  Her  Britannic  Maj 
for  all  loss  sustained  tliereby. 

7.  The  claim  made  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  ?1  f.OOfl.  with  interest  from  the  date  of  loss  at 
the  rate  of  seven  per  centum  per  annum. 


ANSWER  OF  THE  UNITED  STATES. 


60 


!■■«<■(/  Itvrrmhfr  '.».  IHSH. 

1.  They  admit  tliat  on  or  about  August  KUh,  1889,  the 
"Kate"  was  hailed  by  the  I'liited  Slates  levenue  cutter 
"Rush"  and  warned  to  cease  sealing  In  Bi'iing  Sea,  and  that 
llie  "Rush"  was  a  ))ultlic  aniu'tl  vessel  of  tlie  liiited  States, 
Mctiiij-  cinder  tlir  instructions  of  liiat  (iovei  iinicnt  to  seize 
ail  vessels  engaged  in  killing  fur  seal  in  Bering  Sea,  afte- 
giving  due  notice,  and  that  the  "Kate,"  when  so  warned  uu'! 


(Claim  Xo.  20.) 

notified,  was  engaged  in  fur  sealing  or  prosecuting  a  voyage 
for  that  purpose,  and  that  the  action  of  the  said  "Rush"  in 
so  warning  and  notifying  the  said  "Kate"  was  adopted  by  thf 
Goverunicut  of  the  United  States.  But  it  is  averred  on  the  part 
of  the  United  States,  that  the  said  warning  and  notice  were 
given  in  good  faith  by  officers  of  the  United  States,  within 
the  line  of  their  duty,  under  the  authority  and  mandate  of  the 
10  municipal  laws  of  the  United  States,  and  such  warning  and 
novice  were  adopted  in  good  faith  by  the  Government  of  the 
United  States  as  an  act  to  restrain  a  violation  of  their  stat- 
utes. 

2.  The  United  States  aver  that  before,  at  the  time  of,  and 
aft<'r  the  said  warning  and  notice  to  the  said  vessel,  the  said 
vessel,  her  apparel,  outfit  and  cargo,  were  wholly  or  in  part 
the  actual  jtroperty  of  a  citizen  or  citizens  of  the  United 
States,  and.  further,  that  at  the  times  aforesaid  the  beneficial 
interest  in  the  whole  or  a  part  of  the  said  vessel,  her  apparel, 
outfit  and  cargo,  was  possessed  and  owned  by  a  citizen  or 
citizens  of  the  United  States,  and  that  her  said  voyage  was 
entered  upon  and  prosecuted,  in  whole  or  in  part,  for  the 
benefit  of  a  citizen  or  citizens  of  the  TInited  States. 

3.  As  to  some  of  the  statements  of  detail  and  fact  in  para- 
graphs numbered  2,  15,  4  and  5  in  said  Claim  of  Her  Britannic 
Majesty,  the  lepresentatives  of  the  ITnited  States  have  no  suf- 
ficient knowli^dge,  and  as  to  such  of  them  as  may  be  held 
material     the     United    States    invite    and    recpiire    suitable, 

30  atithentic  proofs  before  the  High  Commissioners. 

4.  The  T'nited  States  further  reply,  as  to  paragraph  num- 
bered 5  of  said  Claim,  that  the  slid  sealing  voyage  of  th(> 
"Kate"  was  not  wholly  prevented  by  the  said  warning  and 
notice,  and  thiit  no  loss  or  datiiage  was  sutfered  by  those  in- 
terested in  the  said  voyage  and  the  said  schooner. 

6.  The  United  States  further  reply  that  they  are  not  liable 
for  any  sum  in  the  premises. 


20 


40 


fiEPLY  OF  HER  BRITANNIC  MAJESTY. 


t'Ued  December  It,  tSOO. 


__       1.  Her  Britannic  Majesty  joins  issue  on  paragraphs  1  and 
^     4  of  the  Reply  of  the  United  States,  except  in  so  far  as  they 
contain  attmissions. 

2.  In  furlhei  answer  to  the  averments  contained  in  said 
paragraph  I,  Her  Britannic  Majesty  submits  that  the  same 
constitute  no  defence  to  Her  Britiinnic  Majesty's  claim,  or  any 
part  thereof. 

.^.  .Vs  to  paragfaj)li  2.  Her  Hiitannic  Majesty  says  that  th  > 
abovenamed  sdicMtner  was  found  by  the  Tribunal  of  Arbi- 
traticm  at  Paris  to  be  a  Britisli  vessel,  and  suluuils  that  it  is 
60  not  open  to  the  »%iinmissioners,  acting  under  the  Hehriiig  Sea 
Chiinis, Convention,  to  impiire  as  to  her  ownership,  the  said 
findings  of  fa"(s  being  c(ni(lnsive  so  far  as  lliis  Commission  is 
concerned. 

4.  And  in  the  alternalivc  and  in  furttier  answer  to  said 
paragrajih  2,  Her  Britannic  Majesty  submits  that,  even  if 
such  inquiry  can  be  «>ntered  u)>on.  it  should  b(>  limited  to  the 
question  of  actual  ownershii»  of  the  siiid  vessel  only,  and  that 
as  between  nations,  and  should  not  in  any  event  extend  as  to 
5 


l'n|'7ll:IBl«^ 


'11 


'jl'l  lf«^ 


66 

(Claim  No.  20.) 

the  beneficial  interest  in  the  wliole  or  a  part  of  the  vessel, 
liei-  apparel,  outfit  and  cargo,  or  as  to  whether  her  voyage 
was  entered  upon  for  the  benefit  of  u  citizen  or  citizens  of 
the  United  States. 

5.  In  further  answer  to  said  paragraph  2,  Her  Britannic 
Majesty  denies  each  ajd  every  of  the  alle-^ations  of  fact  there- 
in contained. 

G.  Her  Britannic  Majesty  further  submits  that,  according 
to  the  principles  of  international  law,  the  practice  obtaining 
among  nations,  and  the  terms  of  the  Bchring  Sea  Claims  Con- 
vention, the  allegations  contained  in  the  said  Reply,  even  if 
proved,  do  not  consritute  any  defence  to  the  CKiim  for  com- 
pensation set  forth  in  the  said  Statement  of  Claim. 


/W: 


67 

IN  THE  MATTER  OF  THE  CLAIM  OF  HER  BRITANNIO 
MAJESTY  AlUSING  OUT  OF  THE  SEIZURE  OF  THE 
S0HUO>KR  "I'ATUFINDER." 

CLAIM  No.  21. 

filed  Xovrmber  XS,  0190. 


10 


20 


30 


1.  The  "ratlifluder"  was  a  British  schoouer  registered  at 
tile  i»oit  of  Victoria,  British  Columbia. 

•2.  Oil  or  about  the  17th  day  of  Jauuaiy,  18!)0,  the  "I'ath- 
tinder"  sail»?d  from  the  port  of  Vietmia,  British  Columbia, 
bound  on  a  sealinfi  voyage  to  the  Pacitic  Coast  south  of  \'an- 
eouvcr  Island.  Her  master  was  Captain  Morgan  and  her 
mate  was  .V.  Rejipen,  and  she  carried  a  crew  of  twenty  sailors 
and  hunters,  and  was  fully  e»iuipped  for  the  said  voyage  and 
for  the  hunting  and  capture  of  sealii. 

.*?.  On  or  about  the  8th  day  of  February.  LSltO.  the  "Path- 
linder"  leturned  to  Victoria  for  re|)airs,  and  again  sailed  on 
her  sealing  voyage  about  the  12th  day  of  February.  1S!»0.  be- 
ing then  eqtiipped  and  manned  as  aforesaid. 

4.  On  or  about  the  28rd  day  of  March.  1,S!»0.  when  otf  Cape 
Flattery,  tlie  "Pathtinder"  dicountered  a  stoini  and  beciime 
partially  disalilcd  by  the  breaking  of  her  tiller  baud,  and  was 
forced  to  find  shelter  in  the  nearest  liaibour,  which  was  Neah 
Bay,  in  the  State  of  W'i'.shington,  United  States  of  America, 
distant  tibout  nine  miles  from  Cape  Flattery.  She  anchored 
in  Neah  Bay  on  the  I'lith  day  of  March,  ISOt). 

5.  On  tlie  27th  day  of  March,  while  lying  in  the  sanu'  bay, 
undergoing  iv|:airs.  an  officer  of  tlie  United  Slates  revenue 
cutter  "Col  win"  boarded  the  "I'atlitlnder"'  and  asked  for  the 
shi]»"s  j)apers,  which  were  lianded  to  and  inspected  by  him. 
The  mastiT  of  the   "Pathfinder"  tlien  asked  the  oHicer  wheth 
er  the  pajx'rs  were  in  order,  to  which  the  latter  replied  that 
he  would  report  to  I  he  commander.       Xext  morning  tlH>  com- 
mander of  the  cutter  sent  an  officer  on  board  the  ''Pathfinder'' 
with  a  re<iiies(  that  the  master  would  go  (ui  board  the  cutter 
and  fake  his  ship's  ])ai)ers  with  him.       This  the  master  did, 
and  the  commander  of  th(>  cutter  ins]iected  the  sliii)"s  pajters, 
and  after  doing  so  lie  said  that  he  recogni/.ed  the  'Talhflnder'' 
as  a  vessel  wliich  had  been  seized  the  year  before,  ami  that 
it  was  his  duty  to  detain  her.  as  the  law  must  be  mainfaiiied. 
The  commander  of  the  cutter  then  ordered  the  master  of  the 
schooner  lo  heave  tlie  anchor  of  the  "Pathfinder,"  saying  that 
he  would  take  the  schoiuier  to  the  neai'cst  telegraph  station, 
Port   Angeles.       The  master  of  the    ''Pathfinder"    protested 

50  against  being  removed,  and  declined  to  hoist  anchor,  where 
upon  tlie  cominandfr  of  the  "Corwin"  replied  that  if  he  did 
not  lioist  his  anchor  men  from  the  cutter  would  be  sent  to 
do  so.  Upon  this  tlie  master  of  the  "Pathfinder,''  not  being 
able  to  further  resist,  w<'nt  on  board  his  vessel  and  ordered 
the  anchor  to  be  hoisted,  when  the  "I'athfinder"  was  taken 
In  tow  bv  the  cutter  and  taken  to  Port  Townsend. 

«.  On  arrival  at  Port  Townsend  two  officers  from  the  cutter 
were  placed  on  board  the  "I'athfinder,"  and  remained  ia 
charge  of  her  until  she  w.'is  released,  on  the  2»th  day  of 
March,  1890.  ^    ,     ^^„  ^, 

7.  By  reason  of  the  said  seizure  and  detention  of  the  '  1  atli- 
finder"  her  owners  lost  almost  a  week  of  the  best  period  of 
the  spring  sealing.  .         . 

8.  Under  the  facts  as  found  in  the  Award  of  the  Pans  Tn 
bunnl  of  Arbitration    the  said  boarding,  seizure,  removal  and 
detention  of  the  said  schooner  were  without  any  warrant  or 
right  according  to  the  principles  of  international  law,  and  Her 


40 


60 


^ 


68 

(Claim  yo.  21.) 

Britannic  Majosty  claims  tliat  full  and  complote  compensation 
should  be  made  by  the  Government  of  the  United  States  of 
America  to  the  Government  of  Her  Britannic  Majesty  for  all 
loss  sustained  thereby. 

9.  The  claim  inade  for  the  loss  arising  out  of  the  premises 
is  the  sum  of  ?2.(IO!t,  with  interest  from  the  date  of  loss  at 
the  rate  of  seven  per  centum  per  annum. 


10 


ANSWER  OF  THE  UNITED  STATES. 


Filed  Uvermbrr  30,  f  SOA. 


20 


30 


40 


SO 


1.  They  have  no  sufficient  knowledge  or  information  from 
which  they  can  either  admit  or  deny  the  aihgations  of  fact 
set  out  in  the  first  six  parafiraphs  of  the  Claim  of  the  British 
Government,  except  as  hereinafter  set  forth,  and  as  to  the 
other  alleijatious  of  fact  conl-nined  in  the  said  six  paragraphs, 
so  far  as  any  of  the  same  are  material,  the  United  States  in- 
vite and  i-equire  suitable  and  autlientic  proofs. 

2.  That  on  or  about  the  27th  day  of  llarch,  ISOd,  in  Neah 
Bay,  within  the  territory  and  within  the  jurisdiction  of  the 
United  States,  the  said  schooner  was  boarded  by  Ihe  United 
States  revenue  cutter  "Corwin."  and  thnt  the  said  schooner 
was  detained  within  the  jurisdiction  of  the  United  States  l)y 
the  said  "Uorwin"  until  some  time  on  the  day  following. 

3.  The  T'nit"d  States  aver  that  the  boarding  and  detenti(»n 
of  the  said  scIu>oner  l)y  the  officers  of  the  said  "Corwin"  were 
had  and  done  by  viitue  of  the  laws  of  the  T'nited  States  and 
in  entire  accord  with  their  duties  under  said  laws  and  in  good 
faith,  iuid  thai;  said  schooner  was  thereby  detained  only  for 
such  time  as  was  necessary  to  enable  the  said  officers  of  the 
said  "Oorwin."  in  tlie  performance  of  their  said  duty,  to  com- 
municate by  the  quickest  means  of  communication  with  their 
Government. 

4.  The  T^nited  States  aver  that  in  and  by  the  said  state 
ment  of  claim  of  th"  British  Government,  no  proper  claim  for 
compensjition  is  presented  to  the  High  Commissioners,  within 
and  under  the  Convention  aforesaid;  and  they  aver  that  this 
claim,  as  pres.mted,  is  not  within  the  puiview  of  the  Award 
of  the  Paris  Tribunal  of  .\rbitration,  or  a  claim  of  liability 
against  the  T^nited  States  within  the  meaning  of  the  sait! 
Convention. 

^.  The  T^nit<d  States  deny  that  any  loss  accrued  to  the 
"Pathflnder"  in  the  premises,  and  deny  all  liability  on  the 
Claim  as  made. 


69 


IX  THE  MATTEK  OF  TIIK  CLAIM  OF  HEU  HKITANNIC 
MAJESTY  AUISIXO  OUT  OF  THE  SEIZIHE  OF  THE 
BRITISH  SCHOONER  'HENlllETTA." 

CLAIM  No.  22. 


10 


JHIra  Kovember  »«,  tH»9. 


stnto 

l.aim  for 

within 

liaf  tluH 

Award 

iability 

lie  said 

to    tlie 
on  the 


-  % 


1.  The  "Henrietta"  was  a  British  schooner  registered  at 
tile  Port  of  Victoria,  British  Columbia. 

2.  On  or  about  the  15th  day  of  March,  18H2,  the  sai<l 
schooner  aailcd  from  the  Port  of  Victoria ;  British  Columbia, 
bound  on  a  Sc-aling  voyage  to  tlie  North  Pacific  Ocean  and 
Behring  Sea.  Her  master's  name  was  Micajah  Pickney;  she 
carried  a  crew  of  twenty-four  sailors  and  hunters,  and  was 

20  fully  equipped  for  the  said  voyage  and  for  the  hunting  and 
c;;i)ture  of  so.ils. 

3.  On  the  fith  day  of  September,  whilst  in  Behring  Sea,  in 
Latitude  .j4  north,  and  Longitude  170  west,  and  being  distant 
over  KM)  miles  from  land,  the  "Henrietta"  was  seized  by  the 
riiited  States  ship  "Yorktown;  her  ship's  i)ai»ers,  fire  arms, 
and  a  part  of  her  crew,  notwithstanding  her  master's  protest, 
were  transferred  to  the  "Vorktown;''  a  jtriz*'  crew  was  put 
on  the  "Henrietta,"  and  she  was  taken  in  their  charge  to 
Onnalaska,  where  ( liarges  were  made  against  her  at  the  in- 

30  stance  of  the  (lovernmeiit  of  the  Fnilcd  States  of  America 
for  violation  of  sections  2.807  and  2.808  of  the  Revised  Sta- 
tutes of  the  T'^nited  Staets  relating  to  revenue  law.  and  orders 
were  given  that  no  ccmimnnication  be  allowed  with  the  shore. 

4.  The  said  schooner  was  then  handed  over  to  Captain 
Hooper,  of  the  United  States  Revenue  Cutter  "Corwin."  with 
instructions  t(»  take  her  to  Sitka  and  deliver  her  to  the  auth- 
orities of  the  T'nited  States  District  Court  for  trial  there  upon 
the  said  charges. 

.^.  In  pursuance  of  such  instructions.  Captain  Hooper 
caused  the  "Henrietta"  to  be  taken  to  Sitka,  with  her  cargo 
and  part  of  her  crew;  and  on  lier  arrival  she  was  placed  in 
charge  of  the  T'nited  States  authorities,  and  at  their  instance 
the  said  schooner,  her  outfit  and  cargo  were  libelled  in  the 
United  States  District  Court  of  Alaska  for  an  alleged  breach 
of  the  aforesaid  sections  of  the  revenue  laws  of  the  United 
States  of  America. 

0. — The  master,  mate  and  crew  were  detained  and  kept 
l)risoners  for  a  considerable  time.  The  said  libel  against  the 
50  said  schooner,  her  outfit  and  cargo,  was  dismissed  on  the  9th 
day  of  October.  18!J3.  but  it  was  only  on  the  2.3rd  day  of  No- 
vember. 189.3.  that  the  said  schooner  and  her  cargo  werede- 
liv<'red  over  by  the  United  States  Oovernment  anthorilies  to 
her  master. 

7.  Whilst  some  of  tl'.e  crew  of  the  "Henrietta"  were  kept 
jirisoners  as  aforesaid,  they  were  improperly  put  under  oath 
by  officers  of  flie  said  cutter,  or  by  other  United  States  Gov- 
ernment offlcei's,  and  examined  as  to  the  voyage  and  doings 

60  "f  t^he  "Henrietta"  and  her  captain  up  to  the  time  of  her 
seizure,  and  any  communication  between  her  captain  and 
crew  was  forbidden. 

8.  Whilst  the  "Henrietta"  was  detained  under  seizui-e  as 
aforesaid,  her  outfit  and  jirovisions  were  illegally  appropriat- 
ed and  made  use  of  by  said  authorities,  without  the  consent 
of  her  owners  or  captain,  and  the  said  schooner  and  her  cargo 
were  allowed  to,  and  in  fact  did  considerably  depreciate  in 
value. 


40 


ffnffr 


70 


20 


iCliiiin  >o.  liU.) 

!».  Af(«'i'  liiivinj,'  Im'cii  dctiiiiu'd  for  some  liint-  :il  Ouiiiilaskji 
r.nd  Milkii  iim  iitorcsaid  Hie  ciiptaiii  of  tin.'  "Henrietta"  return- 
ed to  Victoria,  Britii^li  Columbia,  fntiii  wlience  lie  had  again 
to  proceed  to  HitlvU  in  July,  1S93,  iu  connection  willi  the  HaJd 
schooner,  and  leniain  there  until  the  latter  pari  of  .lanuarv. 
18!)4,  at  considerable  cost  and  expense  to  hinisidf,  the  said 
schooner  and  her  owners. 
10  !'•.  After  the  release  and  delivery  over  to  him  of  the  said 
schooner  as  aforesaid,  hei  said  captain  found  her  entirely  de 
plelcd  of  crew,  out  fit  and  provisions.  He  had  to  sell  and 
m<n-t};aKe  i»art  of  the  carjio  to  provide  tin-  xaid  sciiooner  witii 
,'1  new  crew,  diitflt  and  jirovisions  to  take  her  back  to  We- 
toria.  where  she  arrived  on  the  17th  day  of  Fcbrmuy,  1S!)4. 

12.  By  reason  of  the  premisi  s  the  further  i)roseciiti(m  of 
the  said  sealing;  voyage  during-  the  year  18i)L'  was  wholly  pre- 
vented, and  the  owners  of  the  said  schooner  were  also  pre- 
vented from  using  her  for  the  j)urpose  of  seal  hunting,  or  for 
any  other  purpose,  during  the  years  18!);?  and  18!>4,  as  other- 
wise they  would  luivc  done;  and  other  loss,  damage  and  ex- 
])ense  were  sntt'ered  and  in<  nrred  by  the  owners  of  and  othei 
persons  interested  in  the  said  schooner,  her  outfit,  cargo  and 
sealing  voyag\'S. 

1;?.  The  sevt  ral  acts  on  the  part  of  the  authrities  of  the 
fiovernment  or  the  United  States  of  America,  hereinbefore 
set  forth,  weie  illegal  and  unwarranted  by  the  principles  of 
International  law,  and  Her  Britannic  Majesty  claims  that 
full  and  complete  compensation  should  be  made  by  the  (Jov- 
ernment  of  the  I'liitt  d  States  of  America  to  (he  Cxovernment 
of  Her  Britannic  Majesty  for  all  loss?  snstiiined  thereby. 

14.  The  claim  for  the  !oss  arising  out  c/f  all  the  said  illegal 
acts  hereinbefore  set  forth,  is  the  sum  of  ^?.fl,0(i(),  with  in- 
terest from  date  of  loss  at  the  rate  of  seven  per  centum  per 
iMinnm. 

15.  Her  Britannic  Majesty  further  declares  that,  although 
the  claim  hereinbefore  ,-Jet  out  is  made  on  the  basis  of  the 
vessel  having  been  returned  t.)  her  owners  in  the  year  1894, 

40  nevertheless,  as  an  alternative  to  the  United  States  Govern- 
ment of  \merica,  she  is  willing  ,ind  hereby  offers  to  accept 
compensation  in  the  premises  on  the  basis  of  the  toatl  loss  of 
the  said  schooner,  her  outfit  and  cargo  to  the  owners  thereof 
and  other  persons  interested  therein,  and  of  their  having 
been  deprived  of  the  use  of  the  said  schooner  up  to  the  year 
1804;  in  whicli  case  her  Britannic  Majesty  likewise  claims 
the  sum  of  $30,000  and  intere,st  as  aforesaid. 


30 


SO 


ANSWER  OP  THE  UNITED  STATES. 


I^Uci  neeetnlier  HO,  tSOO. 


1.  Tliey  admit  tiiat  the  said  "Hcnrietia"  was  registered  as 
60  a  Briti.sh  schooner  at  he  Port  of  Victoria,  Hritisli  ("ohimbia. 

2.  They  iia\<'  no  knowledge  or  information  snfticient  t(» 
enable  tliem  to  a«hiiil  (»r  (h-ny  the  allegations  of  fact  stated 
in  paragraph  2  of  the  (Maim  of  (ireat  Britain,  and  as  to  such 
of  them  as  nmy  be  material  the  United  States  i.,vi<(>  and  re- 
quire authentic  proofs  before  the  High  Pommissioners. 

rinh,Ti7tM  "'"/'":  *'"/'  '""•'=^"''  '■"  !'"'-''«'"I»l'  :{  of  the  said 
Claim  to  this  ..xtent  only;  (he  dat,>  of  the  seizure,  the  place 


(iiiwk 


7' 


30 


(Cliiiin  No.  I'-'.l 

uf  m'izure  Hn<)  the  futt  of  si-iztiie  bv  llii-  ('ailed  HtatoH  uliip 
"Vorktowu.'  Am  tu  tlie  rt>iutiiniu(;  alU'gtitioUH  toutuiued  iu 
BJiid  piirngrnph  3,  tlie  United  Slutt's  have  not  sufficient  know- 
led^e  or  information  on  which  (o  admit  or  deny  the  Bani", 
and  a8  to  tliem  they  invite  and  require  Hiiitnble  and  authentic 
jiroofs. 

4.  They  admit  the  allegationg  of  fact  in  jmrapraph  4  of  tlie 
lO  said  Claim. 

5.  They  admit  that  the  said  selioon<*r  was  taken  under  the 
authority  and  direction  of  the  T^niled  States  to  Sitka  and 
that  she  was  there  placed  in  charge  of  the  United  States  au- 
thorities, and  that  at  their  instance  the  said  schooner,  her 
outfit  and  carpo.  were  libelled  in  the  T^nited  States  District 
Court  of  Alaska  for  an  alleged  breach  of  the  revenue  laws 
of  the  United  States  of  America. 

0.  They  deny  the  imprisonment  of  ihe  master,  mate,  and 
2Q  crew,  but  admit  all  the  other  allegations  of  fact  in  paragraph 
0  of  said  Claim. 

7.  They  deny  the  allegations  of  fact  contained  in  paragraph 
7  of  said  Claim. 

8.  They  deny  the  allegations  of  fact  contained  in  paragraph 
S  of  said  Claim. 

1>.  Having  no  siitticient  knowledge  or  information  for  the 
purpose,  they  neither  admit  nor  deny  the  allegations  of  fact 
contained  in  paragraphs  !),  10  and  12  of  said  Claim,  and  as  to 
such  of  Ihem  as  may  be  material  the  United  States  invite  and 
re<|uire  autlientic  and  suitable  proofs  before  the  High  Com- 
missioners. 

10.  It  is  averred  on  the  part  of  the  United  States  that  the 
said  seizure  wa.s  made  in  good  faith  by  officers  of  the  United 
Staets  within  the  line  of  their  duty  and  by  authority  and 
mandate  of  the  municipal  laws  of  the  United  Staets  for  vio- 
lation of  the  statutes  of  the  United  States;  and  they  aver 
that  the  master  and  owners  of  said  ship  appeared  in  the  said 
District  Court  of  Alaska,  which  was  in  such  capes  a  court  of 

40  general  jurisdiction  in  and  for  the  United  States,  pleaded 
therein  and  submitted  fully  to  (he  jurisdiction  thereof  in  the 
premises. 

11.  The  United  States  aver  that  before,  at  the  time  of,  and 
after  the  said  seizure  of  the  said  vessel,  the  said  vessel,  her 
apparel,  outfit  and  cargo,  were  wholly  or  in  part  the  actual 
property  of  a  citizen  or  citizens  of  the  United  States,  and  fur- 
ther that  at  the  times  aforesaid  tlie  beneficial  interest  in  the 
whole  or  a  part  of  said  vessel,  her  apparel,  outfit  and  cargo, 
was  possessLHl  and  owned  by  a  citizen  or  citizens  of  the 
United  States,  and  tliat  her  said  voyage  was  entered  upon 
and  prosecuted,  in  whole  or  in  part,  for  the  benefit  of  a  citizen 
or  citizens  of  the  United  Staets. 

12.  The  United  States  submit  to  the  High  Commissioners 
that  by  reason  of  tlie  premises,  if  the  United  States  are 
liable  at  all,  they  are  liable  only  for  the  value  of  such  prop- 
erty as  was  lost  to  the  owners  by  the  seizure  and  detention 
of  the  said  schoon'T,  for  the  damage  to  such  property  from 
such  seizure  and  detention,  as  was  restored  to  the  owners, 
and  for  the  market  value  of  the  use  of  chartri*  of  a  like  ship 
ruding  the  time  of  detention.  And  they  submit  that  in  any 
event  the  damages  claime  dby  the  British  ftovernment  are  of 
the  nature  of  iirospective  profits  and  speculative  damages,  so 
uncertain  as  to  form  n'^  h^trM.  ennitable  or  suitable  basis  for 
a  finding  of  fart  upon  which  an  assessment  thereof  can  be 
predicated. 

13.  That  the  damjjges  claimed  are  grossly  excessive. 


50 


60 


'■  it 


m. 


If  Ilii' 


s^p 

»  /T*" 


30 


IN  THE  MATTEK  OF  THE  CLAIM  OF  IIEK  HUITAKNIO 
MA.IEHTY  AKIKIXO  OCT  OF  THE  HEIZIthe  qf  THE 
HCHOONEU  "OHOAH  ANU  HATTIE." 

OLAIM  No.  23 

t'tltm  Nommhrr  Hit,  IgUH. 

10  1.  The  "OtCiir  and  Hal  lie"  was  a  IJiitish  sclioouei-  reeister- 
ed  at  the  Port  of  Victoria,  Lritish  Columbia. 
.  2  On  01  about  tlii'  ISlh  da.v  of  Fobi'uary,  18!»2,  the  '<08cai- 
and  Hiitiio,  of  which  Thomas  Turtle  was  master,  sailed  for 
Ih..  i)ort  of  ^  aciuina,  in  tiie  Stale  of  Oregon,  b(mnd  for  a  seal- 
ing voyage  In  I  he  Xorlh  I'aciflc  Oc.an.  She  carried  a  crew  of 
sailors  and  hunters  and  was  fully  equiuued 
for  said  voyage.  ^     1    f  f 

."{.  The  schooner  continued  sealing  in  Ihc  North  Pacific 
20  Omin,  and  outside  the  limits  of  Behring  Sea,  up  to  the  latter 
part  of  August.  1,H!>2,  when.  b<-con;ing  short  of  water,  and 
prepared  to  give  up  sealing  for  the  season,  the  schooner  wan 
put  about  with  the  object  of  proceeding  direct  to  Victoria 
which  was  lutv  home  port. 

4.  For  the  jmrpose  of  taking  in  sufficient  water  for  the 
trip  to  \lclori:i,  and  for  no  (tther  i)uipose,  the  schooner  was 
compelled  to,  and  did,  put  into  Gotzh-b  Harbour,  wiiich  i« 
situate  on  the  nortliorn  side  of  Attn  Island,  the  western  island 
of  the  Aleutian  group.  The  weatlier  was  so  stoimv  ihafc 
the  s(!hooaer  was  unable  to  take  in  a  supply  of  water  "on  the 
southern  side  of  the  I.shiud,  as  sh.'  otherwise  would  have 
done,  and  thus  have  avoided  entering  Mehring  Sea  at  all. 

5.  On  the  .'{(Mh  day  <tf  August,  whilst  the  schooner  was  ac- 
tually taking  in  a  supply  of  water,  she  was  board«'d  bv  En- 
sign Harrison,  of  tlie  United  States  man-of-war  "Mohican."' 
who  overhauled  Ih,-  pa|)ers  of  the  "Oscar  and  Hallie"  and 
took  possession  of  lise  ship's  ollicial  log  and  ship's  log.  The 
said  officer,  wiih  th.'  crew,  remained  in  charge  of  the  "0,scar 
and  Hattie"  until  (he  evening  of  the  1st  day  of  September, 
during  which  time  the  master  of  the  ''Oscar  and  Hattie"  pro- 
tested againsi  such  seizure. 

0.  On  the  1st  day  of  Sei)lember,  in  pursuance  of  orders  re- 
ceived from  the  commander  of  the  "Mohican."  the  "Oscar  and 
Hattie,"  under  the  direction  of  an  officer  and  a  prize  crew 
fmm  the  said  "Mohican,"  was  navigated  to  the  Port  of  Oun- 
alaska.  On  arrival  at  Ounalaska  the  "Oscar  and  Hattie"  was 
taken  in  charge  by  tile  L'nited  Slates  man-of-war  "lOrktown," 
who  kept  her  in  charge  for  some  ten  days  after  the  arrival 
of  the  said  schooner  at  Ounalaska,  and  then  handed  her  over 
to  Her  Majesty's  ship  "Melpomene."  to  be  proceeded  against 
for  an  alleged  breadi  of  the  terms  of  the  modus  vivendi  of 
IHiil. 

7.  The  said  schooner  was  then  sent  to  the  P(.rt  of  Victoria, 
British  Columbia,  where  proceedings  were  taken  against  uer, 
and  against  her  equipm<;nt  and  everything  on  l>oard  of  her. 
at  the  instance  of  Her  Majesty  the  ciuee'i,  in  tlie  Exchetiuer 
Court  of  Canada,  British  Columbia  Admiralty  Division,  for 
condemnation  lor  a  breach  of  the  terms  of  the  said  modus 
Vivendi  of  18!H,  and  for  contravention  of  "The  Seal  Fishery 
(Behring's  Sea)  Act,  1H!>1." 

M.  This  cau,se  was  tried  at  the  City  of  Victoria.  British  Col- 
nmbia.  and  resulted  in  a  decree  being  granted  by  the  said 
court  on  the  Hth  day  of  September.  1S9.1,  condemning  the  said 
schooner,  her  e(iuij)ment  and  ev(>rything  on  board  thereof,  as 
forfeited  to  H"r  Majesty  for  contravention  of  the  said  Act. 

9.  Against  this  decree  an  apjieal  was  taken  to  the  Supreme 


40 


SO 


60 


'0 


Liju*kL* 


73 


lo 


20 


30 


(I'laiiii  No.  L':'>.) 

Court  of  <'iiii;i(lii,  iikJ  011  llic  U'Otli  <l:i.v  of  I'Vbiuaiy,  18!U,  th<! 
said  Hui'  ni-iui.-  (Joui-l  of  (jaiiadu  gavt*  judgnieut  i*evci'Hiug  tlus 
Huid  dec'i-e  ,)i  forfi'iture,  uud  ordering  and  udjiidgiug  tlio 
said  '•Oscar  aud  Ilaiiie,"  uud  her  f(iuii»mer.l  aud  (.'ver.vthlug 
ou  board  lier.  or  an.v  part  1  hereof,  liaviug  bteu  mold,  eithe;- 
bi-fuic  ur  in  puiMiitiKv  uf  th  '  tsaiit  jiidguitul,  t!..  unioui.<t 
realized  upon  su<ii  sale  or  sales  to  be  forthwith  paid  to  the 
owuers  of  the  said  Meliooner  "Oscar  and  IJattie,"'  witli  all  in- 
tereHt  acerued  thereon. 

10.  I'endiuK  liu'  muIi  llie  "Osiiir  and  llattie,"  and  alHO  the 
seid  skiiiM  III)  hoai'd  lier,  were  sold  at  jjrices  below  their  value. 

11.  On  111.'  trial  o(  tlie  "<)s(;ar  and  llattie"  it  was  elearly 
proved,  as  the  faet  was,  that  the  said  schooner  had  not  eoni- 
uiitted.  or  alHiupt.d  lo  eouiniit,  iiny  bremh  of  the  terms  of 
the  said  niodu;<  vivendi  of  1K!H,  or  in  anv  way  eontravened 
the  jirovisions  of  Tlu'  Seal  Fishery  (Hehriiij;  Sea)  Act,  1H!M. 
and  that  the  (iccasioii  of  her  enlerins;  H(>hriiig  Sea  was  '  lie 
necessitv  of  proenrinj;  a  sutticient  sujtply  of  water  to  taki'  licr 
to  Victoria. 

12.  It  was  also  proved,  as  the  fact  was.  that  tlu'  coninutnd- 
er  of  the  rnitt'd  Slates  ship  "M.diiean,"  at  the  time  lie  made 
the  seizure,  knew,  and  had  KOod  reason  to  know,  that  the  rea- 
son why  the  "Oscar  and  Hattie"  was  within  the  Itehriug  Sea 
at  tlu'  time  sIh'  w;is  seized  was  lo  obtain  watei'.  and  he  had 
no  reasonable  fjrouiid  for  supjiosin";  that  .-ihe  had  been  en- 
Kaf.;ed,  or  intended  to  engage,  in  seal  Ashing  in  the  prohibited 
waters. 

l.'{.  The  decree  of  condemnation  :igainst  he  said  ''Oscar  and 
Hallie,"  her  cargo  ami  ouKit.-havinf.'  been  reversed.  Her  Urit- 
tanic  Majt»sty  claims  that  the  damages  should  be  paid  by  the 
Oovei-nment  of  the  Tnited  Stales  for  the  loss,  damage  and 
expense  sntTered  and  incnri'cd  by  reason  of  the  premises. 

14.  Tile  claim  made  for  the  loss  arising  out  of  the  premisi-s 
is  th(>  sum  of  »12,00l)  aud  interest  from  the  date  of  loss  at  II. <• 
rate  of  seven  jier  coTitum  per  annum. 


40 


ANSWER  OP  THE  UNITED  STATES. 


Filiil  nrri-mhri-   I,  IHUIt. 


50 


60 


1.  Without  admitting  to  be  true  any  statement  of  fact  set 
out  and  spt  cititnl  in  thtr  said  (JIaiiu  numbered  2!$,  the  Oovern- 
meiit  of  the  I'nited  States  insists  that  ller  Majesty's  Govern- 
ment is  not  entitled  to  claim  com))eusation  by  virtue  of  the 
Convention  under  which  the  High  CommissionerH  are  pro- 
ceeding for  any  cause  stated  in  said  Claim  numbered  2:5,  aris- 
ing out  of  the  seizuie  of  the  S(  hooner  "Oscar  and  Hattie,"  for 
th"'  reasou  that  it  ai)p<ars  iliat  thi'  seizure  alhged  to  have 
zeen  made  by  the  I'nited  States  wa.*  raide  in  a(<ordi;r.ce  v/ith 
the  agrc'inent  between  the  Uovernment  of  Her  Britannic  Ma 
i<  sty  and  tiie  Tnited  States,  signed  rt  Wrshington  on  the 
loth  day  of  June,  ISitl,  and  for  the  rea.-(on  that  it  does  not 
ajipear  that  the  Uniied  Slates  failed  in  p.Mforming,  or  failed 

2.  The  rni'cd  rotates  aver  that  in  the  seizure  and  de- 
iu  diligence  i^i  carrying  out,  tl.,-  terms  of  the  said  agreement, 
tent  ion  of  that  vessel  aud  every  vessel  or  person  on  its  part 
under  clause  three  of  said  agreement,  the  United  States  made 
such  seizure  and  detention  in  good  faith,  on  reasonable  and 
jirobable  cause  to  belii've  that  the  vessel  or  person  had  of- 
fended against  he  prohibition  of  said  agreement,  but  that  it 
did  not  underlr.ke,  in  and  by  said  agreement,  at  all  events  to 
convict  every  such  vessel  or  person  of  such  offense.     Further- 


^mm 


7\ 


I 


1'^    i 


lO 


(<llaiiii  No.  '2'.\.) 

more,  tlu-  I'liitcd  St;il(>M  iivcr  Unit  the  hv'v/.uvc  and  (l<>t«'iitioii 
of  Maid  MtUooiiL-r  bv  iliu  (uitt-d  Htatcs,  iifter  tliu  fact  and  afttT 
till-  Haid  srliooiitT  had  paHHiMl  fioiii  tlic  niNtudy  of  tlii'  Uiiitt>d 
StatcH  to  tliut  uf  Oivat  Hritniii,  iti  Htrict  accordniiro  witli  Hnid 
aii:r*-(>iii(>ut  hi'twiM'ii  t)i(>  iiatioiiH,  waH  found  by  tlH>  Jiidttnit'iit 
of  till?  ConrtH  of  Hit  Majt'wly  liavlnft  jiiriMdirtion  in  tliat  bi- 
lialf,  to  liavi'  bi'i-n  lind  and  niadi-  on  :i  ]irinia  farii*  raHi>  and  on 
rfaHonabli>  and  probabli-  ranHO. 

.'t.  Till'  rnltfd  Htatt'M  do  not   admit   any  liability  on  tliiii 
rlaini. 


■5 

IN  TIIK  M ATTKK  uK  Till-:  «'I.AI.M  Ol'  UKli  MHITANNIC 
MA.IKKTV  AHIHINd  Ol'T  OF  THE  HEIZUUE  OF  TUP 
HCHOONKK  "WIMFKEU." 

CLAIM  No.  24 

rtlril  Aiirrmbrr  'ill,  IH»9. 


10 

1.  The  "VViuifrod"  wn»  a  BritiHh  schouner,  registeri'd  at 

thu  I'ui't  uf  Victuria,  BiitiHh  Coluiiibiu. 

2.  lu  tlic  «>arly  part  of  the  m-UKoii  of  181)2,  thu  "Wluificd" 
Hailed  fi-um  tli*'  I'urt  of  \'ioloria,  UritiHli  Columbia,  bound  un 
a  Healing  voyai^e  (o  tlie  North  Patitte  Ocrean.  iler  muHter 
waH  Captain  llanneu,  and  hIio  carried  a  crew  of  twolve  Hailor^ii 
and  hunters-  iind  wan  fiill^'  e<|uipped  for  the  wnid  vo.vaK*';  and 
for  t:ie  liiintin^  an<I  ea])tiire  of  neala. 

:{.  Tile  "Wiriifred  '  was  driven  into  Helirinj;  Hea  bv  slregs 
20  of  weather,  and  on  ilie  20th  day  of  .Jnly,18!)2,  she  was  illegul- 
l.v  seized  in  latitude  n'(.21.4"i,  lonpitude  l(l.*{.:!r»  west,  about 
!.'»  ndles  from  Ain.ik  Island,  beinp  the  nearent  land,  and  her 
otilcers  and  ercw  ilhpill.v  arrested  and  kejtt  |iriHon«'rH  for  a 
verv  considerable  vinie;  and  the  said  veswl,  her  earjjo  and 
outfit  were  illepjnlly  approprinted  to  the  use  of  the  Qovern- 
nn'nt  of  the  United  Htates  of  Aniorion.  and  were  absolutely 
lost  to  the  owners  and  other  persons  interested  therein. 

4.  The  said  acts  were  done  by  the  authority  of  the  Oovern 
nu'nt  of  the  T-nited  States  of  America. 

Ji.  Hy  reason  of  the  premises  the  further  prosecution  of  tin- 
said  sealinp  voynp;<'  durinp  the  year  18!t2,  was  wholly  pre- 
vented; and  the  said  vessel,  her  carito  and  outfit  were  abso 
lately  lost  to  tlie  owners  and  others  interested  tlierein.  And 
other  loss,  damnpe  and  expense  were  suffered  and  incurred 
by  the  owners  and  other  persons  interested  in  the  said  schoon- 
er, her  cargo  and  s«alinp  voyapfe. 

<!.  Her  Hrihinnic  Majesty  claims,  in  respect  of  the  prem 
ises,  the  sum  of  Ifl.'i.OOO.  and  interest  thereon  from  the  dat<' 
40  of  loss  at  the  rate  <.f  seven  per  centum  per  annum. 

7.  Her  Britiiiinic  Majestv.  in  addition  to  the  above,  claims 
ths  snm  of  If^.ritlO  f<n'  the  illepal  arrest  and  imprisonment  of 
thf  master  and  mate  of  the  said  schooner  "Winifred." 


30 


ANKWKK  OF  THE  UNITED  STATES. 


50 


fUtd  Orr.rntber  I,  ISOfl. 


1.  They  admit  that  the  said  vt-ssel,  the  "Winifred,"  was 
seized  by  the  United  States  Revenue  Cutter  "Bush"  on  or 
about  July  2t)th,  IS!»2,  but  aver  that  the  said  seizure  was 
made  in  strict  accordance  with  and  by  virtue  of  an  agreement 
and  Convention  between  the  United  States  and  Great  Britain 
then  in  full  force,  Icnown  as  tlie  modus  vivendi,  and  that  af- 
terwards and  on  or  about  tlie  27tli  day  of  duly,  18!t2,  by  the 
g^  direction  and  agreement  of  Her  Britannic  Majesty,  the  said 
s(  looiier  was  seizwl  and  taken  within  the  jurisdiction  of  the 
United  State.s  of  America  and  within  the  jurisdiction  of  the 
District  Court  of  .Maska,  which  was  and  is  the  only  court  of 
the  TTnited  Stales  having  an  admiraltv  and  maritime  jurisdic- 
tion over  and  in  their  territority  of  Alaska  and  its  waters, 
and  was  then  and  t>iere  seized  on  a  charge  of  violating  the 
revenue  laws  of  tho  TTnited  States,  and  thereujion  the  said 
"Winifred"  wig  duly  libeled  in  the  said  District  Court  of  the 


^w 


76 

(Chiiiii  No.  21. 


I  ■  11  i fed  SliilcH  V8.  til' 
(pliart'l,  tiu'iiiliuv  mid 


20 


United  Stales  hi  a  ease  eiililled  "Tin 
seliooner  'Wiuilred."  her  txtats,  ta;kle 
ear{j;o;"  that  ilu-re'ifter  tlie  masters  and  owners  of  the  said 
"Winifred"  appeared  in  (he  said  District  Com-t,  in  said  eause. 
and  tiled  answers  on  the  merits  and  fnll.v  submitted  to  the 
jurisdiction  of  said  court  in  said  cause;  tliat  on  tlie  issue  so 
joined  the  said  niasler  and  owners  were  represented  bv  coun 
10  Hel  and  testimony  were  talieu  (liereon,  and  (hat  after  pro- 
(•(H'dinKS  were  daly  liad  and  after  due  notice  of  liearing,  the 
said  issue  wa-i  l)rou};lit  on  for  (rial,  and  trial  was  duly  had, 
and  .ifterwards  a  di  cree  of  forfeit ur<'  or  condemnation  of  tlie 
said  "Winifred,"  her  boats,  tackle,  apjtarel,  furniture  and 
carfjo,  was  diily  entered  by  the  said  court,  and  tlia(  in  and 
by  said  decree  i(  was  jn'ovided  that  unless  ;>n  ai>peal  should 
be  taken  from  said  decision,  within  the  time  jiresciilu'd  by 
law  ;ivd  (he  iiiles  of  liie  court,  a  writ  of  v:Midi(ioni  exponas 
be  issued  commaiidiii<j  (lie  Marslial.  who  was  (he  executive 
otticcr  of  that  court,  to  sell  the  said  "Winifred,"'  her  boats, 
tackle,  apparei,  fuiiiifui-e  and  canjo;  (ha(  said  decree  was 
entered  on  or  about  .March  1st,  1S!14.  and  no  api»eal  having 
been  taken  within  the  time  presciibed  by  l.ivv.  (he  said  writ 
was  duly  issued  and  the  said  vessel,  her  boats,  tackle,  ap- 
parel, fuinitiu"  and  cariro,  sold:  and  (lie  Uriiied  Slates  aver 
that  all  of  said  proi'eedinirs  of  and  in  sjiid  court  were  had  and 
taken  by  the  couseiii  and  direction  of  Her  Mritannic  Majesty. 
2.  The  riiitcd  S(ites  aver  that   b"fore,  at  he  time  of,  and 

30  after  the  said  seizure  of  the  said  vessel,  Ikm-  ajiparel,  (uitfit 
and  carjjo,  were  wholly  or  in  jiart  the  .ictual  projierty  of  a 
citizen  or  citizens  of  the  I'nited  States,  and,  fuilher.  that, 
at  the  times  .'iferesaid  tlio  b"iieficial  iiitei-est  in  the  whole  or  a 
part  of  said  \<'ssel,  liei-  ajiparel,  ou(tit  and  car<ro,  was  pos- 
sessed a  i!d  ow'ied  by  a  ci'izen  or  citizens  4if  (he  ruited  States, 
and  that  her  said  voya^t  was  entered  upon  and  [)rosecutt?d, 
in  w'lole  or  in  piirt,  for  the  benefit  of  a  citizen  or  cKizens  of 
the  Ignited  States. 

'■\.  The  United  S(at«'s  admit  that   by  n-asoii  of  ]>rocess  at 

4°  the  time  aforesaid  said  vessel,  her  carpo  and  ou((i(.  were 
taken  fi'om  and  absolutely  lost  to  the  owners  and  otluTs  in 
forested  therein. 

4.  The  Unifi'd  States  deny  that  the  master  and  mate  of  the 
"Winifred"  wci-e  illci::ally  ari'csted  .-ii'd  imiu'isoned. 

5.  The  Uiiit'd  States  d"iiv  :iii\   liab'litv  on  this  claim. 


IX  THE  MATTER  OF  TUK  CLAIM  OF  UEU  BRITANNIC 
MA.7ESTV,  ARISING  OUT  OF  THE  SCHOONER 
"WANDERER"  HAVIXd  BEEN  WARNED  AGAINST 
ENTERING  THE  WATERS  OF  BEURING  SEA. 


IM 


CLAIM  No-  25. 


to 


/  Ihll  Xonmhrv  '.'.V,  tHIHI, 


20 


30 


40 


50 


60 


1.  The  •'Wunderei"  wtis  a  British  schooner  rcglslcred  at 
tlie  port  of  Vi'torhi,  British  Columbia. 

•1.  On  Of  ;!l)(.iit  llu-  -Itli  Mareh,  ISS'J.  llie  "Wanderer"  sailed 
from  N'icloriii.  British  (.'olumbia,  hor.nd  dU  a  sealin};;  vo,va};e 
to  llie  Nortli  I'aeitii:  Oce.in  and  Belirini^  Sea.  Ih'i-  master 
was  Henrv  l'iixt(in  and  lier  mate  was  \'ijinst  Bjerre.  Sin; 
cari'ied  a  crew  of  twelve  sailors  and  Ini'  lers,  and  was  fully 
e(inip]K'd  for  si.id  vovajre,  and  for  the  huntinjj  and  capture  of 
seals. 

;{.  Durintr  tii  e  sfalinp;  seasons  of  188(>  and  1S87  the  United 
States  Governinenr  caused  the  watei-s  itf  Behrin};  Sea,  and 
es])eciallv  what  is  Jii.own  as  the  aealinfi;  ground  therein,  to  Xv 
cruised  by  several  of  their  revenue  cutters,  and  several  seal- 
iiifr  si'hooners  to  be  seized,  and  the  masters,  mates  and  crews 
to  be  arrested,  det;iined,  fin'»d  and  im])risoned  for  sealing  in 
Bi'liring  Sea  luitside  of  the  Terrilorial  Waters. 

I.  On  or  alx.ut  tiie  21st  day  of  Afarcli.  ISS!),  the  Bresident 
of  the  United  Stat"*  f>f  America  issued  a  proclamation  warn- 
ing all  persons  against  entering  the  waters  of  Behring  Sea 
for  the  ])tir])o«e  of  Uilling  fur  seals,  and  maidng  known  tluit 
he  was  to  cause  one  or  more  vessels  of  (he  United  States  to 
diligently  cruise  the  w.-iters  of  Behiiiig  Sea  atid  ai'rest  all  per- 
sons and  sciz"  all  vessels  found  to  be  or  to  have  bei'n  engaged 
in  sealing  in  Meliriiig  Sea.  and  lha(  all  pcM'soiis  found  to  be  or 
to  have  been  engaged  in  killing  fur  seals  therein  would  be  ar- 
rested and  punished  by  imjirisonmenl  or  tine,  or  both,  and 
that  vessels  s')  employiMl,  their  tarkle.  apparel,  furniture  and 
cargoes,  woult'  be  seized  and  forfi'iied. 

."1.  The  President  of  the  United  Stales  did  in  efl'ei  (  carry 
out  the  provisid'^s  of  said  proclamatitm  liy  causing  several 
United  Stiite.^  vv\  '!\iu>  cutters  to  <-ruise  the  wateis  of  Behr- 
ing Se.'i  diivi'i;;  the  sealing  season  of  1SS!I,  and  esjK'cially 
what  '"  known  as  lh(>  sealing  ground  therein,  and  seizing  a 
I'.umber  of  s'-.!ling  vessels  and  arfesting  (I'eir  masters  and 
crews. 

0.  By  reason  of  sncli  proclamation  ar.d  ot  (he  seizures,  ar- 
rests. de(en(ions,  fiiiis  and  imprisonmenis  made  in  l.S8(i  and 
1887  as  aforesaid,  which  came  (o  the  kuowledge  of  the  mem- 
bei's  of  (he  cr"w  of  the  "Wanderei"  while  on  her  way  (o  the 
sealing  ground  in  the  Behring  Sea.  the  said  crew  were  in- 
timidated (o  i!ie  exdnt  of  refusing  to  continue  (heii-  hnndng 
voyage  to  an<I  in  Behring  Sea.  and  (he  schoonei'  had  (o  redirti 
to  Victoria. 

7.  By  I'easoii  of  (lie  pi'emises  the  seal  hunting  voyage  in 
Behring  Sea  during  (he  year  ISSO  was  wholly  prevented,  anil 
odier  loss,  damages  and  exi)ens(>  were  snt1'ere«l  and  incurred 
by  (he  owium'  and  oiliers  in(eres(ed  in  (he  said  schooner,  her 
cargo  and  sealing  '  oyage. 

8.  T^n<ler  the  facts  iis  found  in  (he    Sward  of  (lie  1'aris  Tri 
banal   of  .Srbiii'iition.  (he   sei/u?'es.    proclamadon   :ind   other 
acls  above  me;i(ion<'d  of  (Iw  Ut\i(ed  States  (loverrmient  wer<» 
widiout  any  varraiit  or  right  accordinir  (o  t'H>  principles  of 
inlernational  law   ■uui  ITer  Bii(anni<  Majesty  claims  (hat  full 


1 1  '•••il 


(Claim  No.  25.) 

.'ind  coiiiplelc  (oinp 'iisiitioii  should  be  made  in  llie  premises 
bv  the  Coveniment  of  (he  Uuitod  States  of  America  to  the 
Government  i.f  Ilei-  Jiritannic  Majesty. 

;;.  The  elaim  nia.l<"  for  (he  lo.ss  aiisini;  ont  of  (be  pn-mlseH 
is  tlie  sum  of  Ssio.ouo,  wilh  in(eiest  thereon  from  the  date  of 
I0S.S  at  he  rate  of  seven  per  centum  per  annum. 


10 


ANSWER  OF  THE  UNITED  STATES. 


Fili'il  liiTinihrr  :tO,  ISDIi. 


Wilhou(  adiMiltiuj;  to  be  true  the  several  alle};ations  of  fact 
^Q  made  in  the  «iiid  Cliiim  by  (lie  Government  of  Great  Mritaiii, 
the  t'uited  Stutes  will  insist  upon  the  lliffh  (Jommissioners 
thai  in  and  l)y  the  said  Glaini  no  case  is  made  or  staled  bv 
which  (he  I'niled  S(ates  should  respond  in  compensalion  in 
any  ai.iount  under  the  said  Gonvention. 

The  raited  S(a(e;i  aver  lliat  by  no  ac(  of  (he  Governmen( 
of  (he  Tnited  States  hj'.s  any  loss  accrued  to  tlie  schooner 
"NNanderer."  her  owners  or  other  per.sons  interested  in  said 
s<  Iioouer,  for  which  that  (Jovernment  is  chargeable  under 
the  Award  of  the  Paris  Tribunal  of  Arbitration  or  under 
30   the  i)rinciples  of  international  law. 


"9 


IN  THE  MATTER  OF  THE  CLAIM  OF  HEB  BRITAKNIC 
MAJESTY   FOR  THE   COSTS   IN   THE   "SAYWARD 

CASE." 


CLAIM  No.  26. 


Fll>-il  Koi-rmlwr  V.I,  /«»«. 


1 


< 


20 


10  J.  The  "W.  ]'.  Saywurd"  was  a  British  SLliooner  iiJasU'l'ed 
at  the  Port  ol'  N'ictoria,  British  Coluiubia. 

2.  On  th(-  Kith  day  of  May,  1HS7,  the  "\V.  1'.  Saywaid" 
siiih'd  tioiii  111"  Port  of  Xittoria,  British  (Johiiiil)ia,  hound  oti 
a  Ni'iilin}"  voyauf'  to  (lie  North  Paiitic  Ocean  and  BehriUiT  e<n. 
:{.  On  (lie  !Mli  (lay  of  .Inly,  1887.  whilst  in  Behrinf;  Sea,  and 
distiinl  about  5!!  miles  from  the  nearest  laud,  the  "W.  P. 
Sayward"  hciiif-  then  lawfully  engaged  in  the  taking  of  seals 
at  that  iilace,  was  illegally  seized  by  the  United  States 
I'vcnne  cultei'  "Uush." 

■t.  After  seizure,  she  was  (aken  to  Ouualaska,  and  thence  to 
Sitka,  where  she  wi.s  libeled  at  the  instam-e  of  the  United 
Stiites  nistricl  .MIoriK;^,  for  the  Di.strict  of  Alaska,  on  a 
charge  (hat  I  lie  said  vessel,  her  master,  otiicers  and  crew  were 
found  eiigjiged  in  killing  fui  seals  within  the  limits  of  the 
waters  of  Alaska  Territory,  in  violation  of  section  1.95(5  of 
the  Revised  Statutes  of  the  United  States  of  America.  The 
information  of  the  said  libel  was  filed  on  (he  I'Uh  day  of  Sep 
lember,  1887;  and  such  proceedings  were  afterwards  had  and 

30  taken  upon  the  said  libel  that  the  said  District  Court  con 
demned  the  said  schooner,  her  tackle.  a])i)arel,  furniture  and 
cargo. 

5.  Afterwards,  a-.'ling  upon  the  advice  of  counsel  learned  in 
the  law,  and  with  the  object  of  obtaining  possession  of  his 
said  .schooner,  outfit  and  cargo,  her  owner  caused  an  appeal 
to  be  l^aken  to  the  Supreme  Court  of  the  TTnited  Stales  of 
America  from  the  said  decree  and  judgment,  which  appeal 
was,  by  the  judge  of  said  Court,  ])ermit(ed  to  be  filed. 

C).  After  the  said  appeal  had  been  pending  for  some  time, 

40  and,  again  acting  upon  the  advice  of  counsel  learned  in  the 
law,  for  the  purpose  of  preventing  the  enforcement  of  th(> 
decree  or  sentence  condemning  the  said  schooner,  her  outfit; 
and  cargo,  -ind  obtaining  a  release  from  the  bond  which  had 
been  given  wlien  the  said  ap|)eal  had  been  taken  out,  pro- 
ceeding" were  taken  in  the  Supreme  Court  of  the  TTnited 
States  of  Auk  lica  by  a  writ  of  prohibition  directed  to  the 
judge  of  the  District  Court  of  the  United  Slates  of  America 
in  and  for  the  said  District  of  .Maska,  prohibiting  him  from 

i;o  i"  imy  manner  enforcing  (he  said  decree  or  sentence,  or  ••om- 
jdeting  the  said  decree  with  a  valid  sentence,  or  for  any  pur- 
])ose  from  taking  any  furthei-  stej)s  whatever  in  the  said 
case,  or  in  any  madi'r  remaining  to  ho  done  in  conseciuence  of 
the  said  decree,  and  prohibiting  the  said  jtidge  from  making 
any  order,  judgment  or  decree*  i:i  or  about  the  jiremises,  and 
gen.erally  frcmi  further  exercising  jurisdiction  in  (he  said  case 
or  enforcing  any  anier,  judgment  or  decree  made  under  colour 
t  hereof. 

7  The  petition  for  such  writ  of  prohibition  was  presented 
both  on  behal!  of  tin*  owner  of  the  shin  and  also  on  'oehalf 
of  Sir  .lohn  Thompson,  K.C.M.Ci.,  Her  Britannic  Majesty's 
.\ttoriiey  (ieneral  for  Canada,  and,  after  liejiring  argumeni 
for  and  against  the  same,  leave  to  (lie  such  i)e(ition  was 
gran(ed 

8,  The  s.tid  petidon  for  a  writ  of  prohibition  was  afterwards 
fully  considered  by  the  said  Supreme  Court  of  the  United 


60 


80 


1  I  I 


lO 


(Claim  No.  26.) 

Stntes  of  Aiiurica,  witli  tlic  result  lliat  jndirment  was  given 
l».v  the  said  Kupreiiie  Court,  refusiug  to  graut  the  said  writ 
of  i)roliihitioii  on  the  Ki"<»>i"<is  set  forth  in  tliat  judgment,  to 
which  reference  is  made. 

!).  Tiie  costs,  charges  and  exjM'nse  incurred  in  and  for  the 
said  apiM'al  to  tlie  Supreme  Court  of  tlie  I'nited  States  of 
America,  and  also  in  and  for  the  said  application  for  a  writ 
of  prohibition,  amounted  to  the  smii  of  l|(JL*,SL'7. 1'.' ;  and  Her 
Britannic  Majesty  claims  (ha I  tlie  si; id  costs,  charges  and 
exi)enses,  having  been  incurred  in  a  fair  and  bona  tide  at- 
t<'mi)t  to  recover  back  property  ^  .lich,  according  to  the  End- 
ing of  the  Award  of  the  Paris  Tribiinal  of  Arbitration,  had 
been  illegally  seized  and  condemned  at  the  instance  of  the 
Government  of  the  I  nited  States  of  America,  should  be  re- 
I)aid  by  the  (iovernmenl  of  the  T'nitcd  States  of  America  to 
the  Government  of  Her  Britannic  Majesty. 


30 


■V 


.MOTION  TO  JUSMISS. 


40 


The  counsel  of  the  United  Stales,  distiguishing  this  claim 
from  claim  nnmbered  G,  tiled  before  ihe  Conimissioners  in  re- 
30  spect  of  the  vessel  "W.  1*.  Say  ward,"'  move  the  High  CommlH- 
sioneis  to  dismiss  from  lonsideratioa  the  denmnd  of  the  Gov- 
enunent  of  Great  Hritaiii  embraced  and  described  in  claim 
ni;mbered  li(>.  as  above  described  and  specilied. 

T!ie  grounds  of  llu-  for.'going  nioliou  are  as  follows: 

1.  Because  the  demand  therein  described  is  not  claimed  by 
Her  Britannic  Majesty's  tJovernnxMit  to  be.  and  is  not,  in 
fact,  a  claim  for  damages  made  by  a  person  or  persons  in 
whose  behalf  Great  Britain  is  entitled  to  claim  comi)ensation 
from  the  Cnited  States  within  Article  I.  of  the  Convention 
between  the  Cnited  States  and  Great  Britain,  raifled  by  the 
President  of  the  Cnited  States  Apiil  23.  ISilfi,  and  by  Her 
Britannic  Majt  sty  on  May  14th,  1H!»G,  but  that  the  said  de- 
mand is  for  the  sum  of  ^02,847.t2,  no  pan  of  which  was  ex- 
pended by  the  owner  or  owners  of  the  said  "Sayward,"  or 
any  other  i»erson  <)!•  jx'r.-ions  in  connection  with  the  proceed- 
ings before  the  Sujaeme  Court  of  Ihe  Cnitod  Setates  detailed 
in  said  Claim  No.  2(i,  but  is  the  identical  sum  of  expenses 
clainu'd  to  ha\('  been  incuiTed  by  the  Goveiiiiuent  of  (ireat 
Britain,  through  Her  .Majesty's  Government  of  Canada,  in 
connecticm  wiili  (he  said  proceedings  in  the  Supren\e  Court 
of  the  Cnited  States,  as  ap|tears  by  the  delibeialt!  averment 
of  Great  Britain,  made  for  Ihe  high  purjiosea.  and  for  the  en- 
lightenment, of  the  Tribunal  of  Arbitration  held  at  Pans  un- 
der the  Treaty  betwien  Great  Britain  and  the  I  nited  States, 
signed  at   Wasiiinglon,  Fel)ruary  2;»th,  1S!)2. 

2.  Because  the  said  deiiiaud  described  and  set  out  in  claim 
numbered  2(i  was  ni>i  embraced  in  the  schedule  to  the  British 

60  Case,  pages  1  ID  lilt  inclucive,  as  presented  to  said  Tribunal  ol 
.\rbi(  radon. 

;{.  Be(  ause  i.  was  not  included  in,  but,  on  the  contrary,  was 
excluded  from,  Ihe  .\ward  of  the  said  Tribunal  of  .Arbitra- 
tion. 

4.  Because  it  was  not  embraced  in  Ihe  said  Convention  be-- 
tweeii  Ihe  rniled  Slates  jiiid  Gi(>at  Ttrilain  I'or  the  settle- 
ment of  ( iaims  pi'esiii(ed  by  GimsiI  Mrilain  against  the  United 
States, 


50 


8i 


(Claim  No.  26.) 

5.  Because  the  said  claim  numbered  26  is  not  a  claim  aris- 
ing by  virtue  of  the  Treaty  aforesaid,  or  by  the  Award  and 
findings  of  the  said  Tribunal  cf  Arbitration,  and  is  not  an 
additional  claim  specified  in  the  fifth  paragraph  of  the  pre- 
amble to  said  Convention,  and  is  not  the  claim  entitled 
"('o.sts  in  'Sayward'  Case"  scheduled  in  the  list  of  claims  in- 
tended to  be  referred,  appended  to  said  Convention,  entitled 
" Ap])endix  of  Claims — Claims  Submitted  to  the  Tribunal  of 
•o  Arbitration  ar  Paris." 

Tlie  TTnited  States  submit  this  motion  to  tlu^  Hip;h  Commis 
sioners  with  iht  statement  that  they  are  now  jrepared  to 
answer  any  eluim  for  sueli  "Costs  in  'Sayward'  Case''  as  have 
been  incurred  by  any  j)erson  or  persona,  and  which  were 
"submitted  to  the  Tribunal  of  Arbitration  at  Paris,"  or  any 
claim  for  "Coats  in  'Sayward'  Case"  incurred  by  any  person 
or  persona;  hni  if  it  shall  be  insisted  by  Her  Majesty's  Gov 
ernment  that  claims  for  expenditures  in  that  case,  made  by 
tli.it  Government  or  by  the  Government  of  Canada,  shall  be 
presented  and  considered  before  the  Commissioners,  then  the 
connsel  for  tlie  United  States  will  move  the  High  Commis- 
sioners for  the  postponement  of  the  hearing  of  this  motion 
until  communication  can  be  had  with  their  Government. 

DON  M.   DICKINSON, 
ROBERT  LANSING, 
Counsel  for  the  United  States. 


20 


APPENDIX   "B." 
TABLE   OF    CONTENTS. 


Great  Britain's  Exhibits. 

TAOI 

Exhibit  No.  1  (G.  B.),  Claim  No.  1 1 

Registry  "Carolena." 

"      No.  2  (G.  B.).  Claim  No.  1 2 

Coasting  license  "Carolena." 

"      No.  3  (G.  B.),  Claim  No.  1 2 

Cleaiance  "Carolena." 

"      No.  4  (G.  B.).  Claim  No.  1 2 

Bill  of  Health  "Carolena." 

"      No.  5  (G.  B.),  Claim  No.  1 3 

Bill  of  sale,  D.  Urquhartto  Wm.  Munsie, 
dated  JanT.ary  21,  iSS'),  conveying  21  shares 
in  "  Carolena." 

"      No.  0  (G.  B.),  Claim  No.  1 4 

Bill  of  sale,  D.  Urquhart  toWm.  Munsie, 
dated  February  4,  1885,  conveying  21  shax'es 
in  "Carolena.^' 

"•    No.  r  (G.  B.),  Claim  No.  1 4 

Bill  of  sale,  D.  Urquhart  to  Wm.  Munsie, 
dated  January  21,  1895,  conveying  22  shares 
in  ' '  Carolena. " 

"      No.  8  (G.  B.),  Claim  No.  1 5 

Bill  of  sale,  H.  Matheson  to  Wm.  Mun- 
sie, dated  June  19,  1885,  conveying  22  shares 
in  "Carolena." 

"      No.  9  (G.  B.),  Claim  No.  1 5 

Mortgage  for  $1,000.  Wm.  Munsie  to  A. 
J.  Bechtel,  dated  June  19,  1885  (11  receipts 
attached). 

"      No.  10  (G.  B.),  Claim  No.  1 8 

Vouchers,  1-50  (inc.),  "Carolena"  ac- 
count, 1886. 

"      No.  11  (G.  B.),  Claim  No.  1 26 

Letter,  dated  Sitka,  November  1,  1888, 
U.  S.  Marshal,  B.  Atkins,  to  Munsie  &  Co., 
and  order  of  same  date  on  U.  S.  Deputy  Col- 
lector of  Customs  at  Ouualaska. 

"      No.  12  (G.  B.),  Claim  No.  1 27 

Receipt  from  Deputy  U.  S.  Marshal, 
dated  August  14,  1886,  for  property  from 
"Carolena." 

"      No.  13(G.  B.),  ClaimNo.  i.__. 27 

Inventory  of  articles  oi.  "  Carolena." 

"      No.  14  (G.  B.),  Claim  No.  1 29 

Certificate  of  survey  of  "  C  srolena,"  made 
by  Walter  Walker,  April,  1884, 


m^ 


i#:N 


n  TABLE  OF    CONTKNTS. 

PAOK 

Exhibit  No.  15(0.  B.),  Claim  No.  1 29 

Extracts  from  reports  of  officers  and  logs 
of  revemie  vessels  in  Behring  Sea. 

"      No.  ](i  (G.  B.),  Claim  No.  1 37 

List  of  veKsels  at  the  jiort  of  Victoria,  B. 
C,  available  for  sealing,  l!^8t>-l!S87. 

"      No.  17  (G.  B.).  Claim  No.  1 38 

Migration  Chart,  showing  position  of 
Alaskan  Seal  Herd. 

"      No.  18  (G.  B.),  Claim  No.  1 38 

Note  book  of  A.  D.  Laing,  marked  "Ex- 
hibit 'A,'  Reuel  Small,  Examiner,"  in  his 
deposition. 

"      No.  1!»  (G.  B.),  Claim  No.  1 38 

Certified  transcript  of  record  and  proceed- 
ings in  U.  S.  District  Court  in  Alaska,  in  case 
of  United  States  rs.  James  Ogilvie. 

"      No.  ^u  (G.  B.),  Claim  No.  1 40 

Certified  transcript  of  record  and  proceed- 
ings in  U.  S.  District  Court  in  Alaska,  in  case 
of  United  States  rs.  James  Blake. 

"      No.  21  (G.  B.),  Claim  No.  1 42 

Chart  showing  cruises  of  U.  S.  vessels 
between  July  15  and  August  15,  1891. 

"      No.  22  (G.  B.),  Claim  No.  1 42 

Chart  showing  positioir  and  number  of 
seals  reported  bv  U.  S.  vessels  in  Behring  Sea 

in  181)2. 

"      No.  23  (G.  B.).  Claim  No.  1 42 

Chart  showing  cruises  of  British  Schooner 
"Ada,"  1S87. 

"      No.  24  (G.  B.),  Claim  No.  1 42 

Chart  showing  cruises  of  U.  S.  Schooner 
"Annie,"  1887. 

"      No.  25  (G.  B.),  Claim  No.  1 42 

Chart  showing  cruises  of  U.  S.  Schooner 
"Ellen,"  1887. 

"      No.  2r.  (G.  B.).  Claim  No.  1 42 

Picture  of  Indian  sealing  canoe  and  seal- 
ers. 

"      No.  27  (G.  B.).  Claim  No.  1 43 

Abstract  showing  names  of  hunters,  &c., 
in  "Mary  Ellen,"  in  1886. 

"      No.  28  (G.  B.),  Claim  No.  1 46 

Log  Book,  schooner  "  Maggie  Mac." 

"      No.  29  (G.  B.).  Claim  No.  1 46 

Memorandum  book  of  Capt.  Brown. 

"      No.  30  (G.  B.),  Claim  No.  1 46 

Letter,  dated  June  29, 1889,  at  Sand  Point, 
from  John  Dodd  to  Rithet  &  Co. 

"      No.  31  (G.  B.),  Claim  No.  1 46 

Letter,  dated  ,Tuly  5,  1890,  at  Northeast 
Harbor,  from  John  Dodd  to  Rithet  &  Co. 

"      No.  32  (G.  B.),  Claim  No.  3 60 

Inventory  of  property  on  "  Onward." 


-m' 


TABLE   OF    CONTENTS.  Ill 

PAOI 

Exhibit  No.  33  (G.  B.).  Claim  No.  3 52 

Account  of  seals  taken  by  Indians  on 
"  Onward,"  in  Behring  Sea,  in  1880. 

"      No.  34  (G.  B.),  Claim  No.  3 52 

Agreement,  dated  December  30,  1886, 
dissolving  partnership  between  C.  Spring  and 
A.  McLean. 

"      No.  35(6.  B.I,  Claim  No.  3 52 

Certified  transcript  of  record  and  proceed- 
ings in  U.  8.  District  Court  in  Alaska,  incase 
of  United  States  rs.  Daniel  Monroe. 

"      No.  3t)  (G.  B.\  Claim  No.  3 58 

Certified  transcript  of  record  and  [)roceed- 
ings  in  U.  S.  District  Court  in  Alaska,  incase 
of  United  States  vs.  John  Margotich. 

"      No.  37  (G.  B.),  Claim  No.  3 58 

Certified  transcript  of  record  and  proceed- 
ings in  U.  S.  District  Court  in  Alaska,  in  case 
of  United  States  vs.  ''Onward." 

"      No.  38  (G.  B.),  Claim  No.  2 77 

In.surance  policy,  dated  November  4,  1885, 
for  £»')<»(•  on  "Thornton,"  for  12  months. 

"      No.  31)  (G.  B.),  Claim  No.  2.. 79 

Insurance  policy,  dated  February  25, 
1880,  for  £1.000  on  Treasui'er,  &c.,  on 
"Thornton,"  for  4  months. 

"      No.  40  (G.  B.),  Claim  No.  2 79 

Insurance  policy,  dated  March  1,  188C, 
for  £600  on  "  Thornton,"  for  12  months. 

"      No.  41  (G.  B.),  Claim  No.  2 79 

Insurance  policy  dated  June  28,  1886,  for 
£1,000,  on  Treasurer,  &c.,  on  "Thornton," 
for  4  months. 

"      No.  42  (G.  B.),  Claim  No.  2 80 

Statement  of  premiums  paid  per  schooner 
"Thornton." 

"      No.  43  (G.  B.),  Claim  No.  2 80 

Certified  transcript  of  record  and  proceed- 
ings in  U.  S.  District  Court  in  Alaska,  in  case 
of  United  States  vs.  Hemy  Norman. 

"      No.  44  (G.  B.),  Claim  No.  2 81 

Certified  transcript  of  record  and  pioceed- 
ings  in  U.  S.  District  Court  in  Alaska,  in  case 
of  United  States  vs.  Hans  Guttormsen. 

"      No.  45  (G.  B.),  Claim  N.).  2 81 

Portion  of  record  and  proceedings  in  U. 
S.  District  Court  in  Alaska,  in  case  of  United 
States fs.  "Thornton." 

"      No.  46  (G.  B.),  Claim  No.  2 91 

Letter,  dated  September  4,  1886,  at  Sitka, 
from  H.  Guttormsen  to  J.  D.  Warren. 

"      No.  47  (G.  B.),  Claim  No.  2 91 

Log  book  of  Schooner  "  Thornton,"  1886. 

"      No.  48  (G.  B.),  Claim  No.  2 101 

Registry,  "Thornton." 


i;i1 


i'r 


fc:r 


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4 


IV  TABLK  OF  CONTENTS. 

PAOK 

Exhibit  No.  41t(G.  B.).  Claim  No.  2 103 

Certificate  of  survey  of  "  Thoruton," 
Octobei  22,  lssr>. 

"      No.  60  (G.  B.),  Claim  No.  :{ 104 

Hegistiy,  "Onward." 

"       No.  51  (G.  B.).  Claim  No  2 105,  404 

Certificate  of  survey  of  "Thornton,"  No- 
vember 14,  ISSIJ. 

"      No.  52  (G.  B.),  Claim  No.  tl 106 

Registry,  "Say ward." 

"      58  (G.  B.),  Claim  No.  7 Ill 

Registry,  "Anna  Beck." 

"      No.  54  (G.  B.),  Claim  No.  !» 114 

Registry,  "  Dolphin." 

"      No.  55  (G.  B.),  Claim  No.  1(1 116 

Registry,  "  Grace." 

"      56  (0.  B.),  Claim  No.  6 118 

Insurance  policy,  dated  B'ebruary  1 5.  ISS", 
for  £1,000,  on  "  Say  ward,"  for  12  months. 

"      No.  57  (G.  B.),  Claim  No.  6 118 

Insurance  policy,  dated  February  15, 1887, 
for  £2,000,  on  Treasurer,  &c.,  on  •'  Sayvvard," 
for  12  months. 

"      No.  58  (G.  B.),  Claim  No.  7 118 

Insurance  policy,  dated  January  21, 1887, 
for £1,400,  on  "Anna Bock,"  12  months. 

"      No.  59  (G.  B.),  Claim  No.  7 118 

Insurance  policy,  dated  January  21,  1887, 
for  £2,000,  on  Treasurer,  &c.,  on  "Anna 
Beck,"  for  12  months. 

"      No.  60  (G.  B.),  Claim  No.  i> ,. 118 

Insurance  policy,  dated  December  31, 
1887,  for  £2,000,  on  "Dolphin,"  for  12 
months. 

"      No.  61  (G.  B.),  Claim  No.  9 118 

Insurance  policy,  dated  March  2,  1888, 
for  £2,000,  on  Treasurer,  &c.,  on  "Dolphin," 
for  12  months. 

"      No.  62  (G.  B.),  Claim  No.  10 119 

Insurance  policy,  dated  January  13,  1887, 
for  £2,000,  on  "  Grace,"  for  12  months. 

"      No.  63  (G.  B.),  Claim  No.  10 119 

Insurance  policy,  dated  January  13, 1887, 
for  £2,000,  on  Treasurer,  &c.,  on  "  Grace," 
for  12  months. 

"      No.  64  (G.  B.),  Claims  Nos.  6,  7,  9  and  10 119 

Statement  of  premiums  paid  per  "Say- 
ward,"  "Anna  Bock,"  "Dolphin"  and 
"Grace." 

"      No.  65  (G.  B.),  Claim  No.  6 120 

Transcript  of  record  and  proceedings  in 
U.  t .  District  Court  in  Alaska,  in  case  of 
Unii  ed  States  vs.  "Sayward." 


TABLK  OF  CONTKNTS. 


PAOK 

Exhibit  No.  (!»'.((}.  B.),  Claim  No.  7 ;-  1-'>1 

Transcript  of  record  and  proceedings  in 
U.  S.  District  Court  in  Alaska,  in  case  of 
L'nitod  States  I's.  "  Amia  Beck." 

"      No.  »i7  (O.  B.),  Claim  No.  !» !<•:$ 

Transcript  of  record  iuid  proceedings 
in  U.  S.  Distiiet  Court  in  Alaska,  in  case  of 
United  States  r.s.  "Dolphin.'" 

"      No.  t!s  (Tl.  B.),  Claim  No.  lo 171 

Transcrii)t  of  record  and  i)roceedingH  in 
U.  S.  District  Court  in  Alaska,  in  case  of 
United  States  i\s.  "Grace." 

"      No.  f.'.t  (G.  B.),  Claims  Nos.  <;.  7.  !•  and  lo....   17l» 
Power  of  Attoriiev,  dated  November  4, 
issc,  T.  H.  Cooper  to  j.  D.  Warien. 

"      No,  70  (G.  B.).  Claim  No.  11 1^:5 

Registry,  "Ada." 

"      No.  71  (G.  B.).  Claim  No.  11 1S3 

Bill  of  sale,  dated  April  12,  1SS!1,  F.  E. 
Wliite  to  J.  J.  Gray,  conveying  21  shares  in 
"Ada.'" 

"      No.  72  (G.  B.).  Claim  No.  11... 184 

Bill  of  sale,  dated  March  :?(».  1SS7,  F.  E. 
White  to  J.  J.  Gnty,  conveying  22  shares  in 
"Ada." 

"      No.  73  (G.  B.),  Claim  No.  11 18.5 

Statement  of  expenses  in  connection 
with  "Ada." 

"      No.  74  :G.  B.),  Claim  No.  4 186 

Registry,  "  Favourite.'" 

"      No.  75  (G.  B.),  Claim  No.  4 188,  405 

Memorandum  book  for  issc.  of  "  Favour- 
ite." 

"      No.  70  (G.  B.),  Claim  No.  4 188 

Memorandum  book  for  IMMi,  of  "Favour- 
ite." 

"      No.  77  (G.  B.),  Claim  No.  13 183 

Registry,  "Juanita." 

"      No.  78  (G.  B.),  Claim  No.  13 li)] 

Chai t  of  Belning  Sea  and  Arctic  Ocean. 

"      No.  70  (G.  B.).  Claim  No.  13 litl 

Certified  transcript  of  record  and  proceed- 
ings in  U.  S.  District  Court  in  Alaska,  in  case 
of  United  States  vs.  t)20  Fur  Seal  Skins. 

"      No.  so  (G.  B.X  Claim  No.  8 J!)7 

Registiy,  "Alfred  Adams.'" 

"       No,  81  (;G.  B.),  Claim  No.  S l!)<> 

Log  book  of  "  Alfred  Adams,"  1887. 

"      No.  82  (G.  B.\  Claim  No.  8 i«n) 

Tianscript  of  lecord  and  proceedings  in 
U.  S.  District  Court  in  Alaska,  in  case  of 
United  States  vs.  "  Alfred  Adams." 

"      No.  83  (G.  B.),  Claim  No.  20 214 

Registry,  "  Kate." 


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VI  TABLE  OF  CONTENTS. 

Exhibit  No.  84  (O.  B.).  Claim  No.  12 216 

Certificate  of  survey  of  "  Triumph." 

"      No.  85  (G.  B.\  Claim  No.  23 216 

Certified  copy  of  Case,  Judgment  and 
Opinion  in  Supreme  Court  of  Canada,  in  ap- 

Sal  of  ''Oscar  and  Hattie,'  appellant,  vs. 
er  Majesty,  i-e8|)ondent. 

•'      No.  H«  (a.  B.),  Claim  No.  23 - 269 

Registry,  "Oscar and  Hattie." 

"      No.  S7(0.  B.),  Claim  No.  23 259 

Convention  Itetween  L'nited  States  and 
Great  Britain  for  renewal  of  "  Modus  Vi- 
vendi." 

"      No.  8H((J.  B.>.  Claim  No.  23 261 

Pnx-lamation  hv  the  President  of  the 
United  States',  dated  February  V>,  lH-t2. 

"      No.  Ki»((J.  B.\  Claim  No.  23 262 

Letter  of  instructions  from  Secretary  of 
the  Navv  to  Comman<ler  R.  D.  Evans,  dated 
April  2.'.!  iy.t2. 

"      No.  U<mG.  B.),  Claim  No.  23 268 

Seal  Fishery  (BehringSea)  Act,  1891. 

'•      No.  !»1  (G.  B.).  Claim  No.  23 264 

Log  lKM>k  of  "  Oscar  and  Hattie,"  Janu- 
ary 2S  to  July  30,  1S!»2. 

"      No.  1»2  ( G.  B. \  Claim  No.  23 264 

I»K  book  of  "  Oscar  and  Hattie,"  July 
31  to-lK!«2. 

"      No.  93((}.  B.t.  Claim  No.  23 264 

Memorandum  showing  outlay,  &c.,  on 
"Oscar  and  Hattie." 

"      No.  !»4(G.  B.).  Claim  No.  23 266 

Memorandum  showing  original  cost  of 
"  Oscar  and  Hattie,"  in  ISIU, 

"      No.  »r.  (G.  B.),  Claim  No.  18 266 

Registry,  "Triumph." 

"      No.  96  (G.  B.).  Claim  No.  17 270 

Registry,  "  Minnie." 

"      No.  97(G.  B.).  Claim  No.  17 270 

Certified  copjr  of  decree  in  U.  S.  District 
Court  in  Alaska,  in  case  of  United  States  t>3. 
418  Seal  Skins. 

"      No.  98  (G.  B.),  Claim  No.  19 278 

Registry.  *'  Ariel,"  now  "  Ada." 

•*      No.  90  (G.  B.),  Claim  No.  14 274 

Registry,  "Pathfinder." 

"      No.  l(Ki(G.  B.),  Claim  No.  19 276 

Memorandum  book  for  1889,  of  S.  W. 
Bucknam. 

"      No.  101  (O.  B.).  Claim  No.  25 281 

Registry  "Wanderer." 

"      No.  102  (G.  B.),  Claim  No.  14 981 

Memorandum  of  sealing  venture  "Path- 
finder "in  1889. 


vmi.. 


TABJ.E  OP  CONTENTS.  Til 

PAOI 

Exhibit  No.  I0;3  (G.  B.).  Claim  No.  22 282 

Registry,  "Henrietta." 

"      No.  104(0.  B.),  Claim  No.  22 282 

Agreement  dated  January  15,  18S»4,  be- 
tween Sitka  Trading  Company  and  M.  Pinck- 
ney. 

'•      No.  105(0.  B.).  Claim  Xo.  2i> 282 

Agreement  dated  January  13,  18»4,  be- 
tween W.  P.  Mills  and  M.  Pinckney. 

"      No.  lo»!  (O.  B.).  Claim  No.  22 282 

Bill  from  Sitka  Trading  Comjjany  to 
Schooner  "Henrietta,"  dated  January  9, 
isy4. 

"      No.  107  (O.  B.),  Claim  No.  22 282 

Bill  from  W.  P.  Mills  to  Schooner  "  Hen- 
rietta," dated  January  IH,  lSit4. 

"      No.  lOH  (O.  B.).  Claim  No.  22 282 

Inventory  of  stores  on  S(;hooner  "  Hen- 
rietta," September,  1H!»2. 

"      No.  10!»  (G.  B.),  Claim  No.  22.... 284 

Portion  of  record  and  proceedings  in 
United  States  District  Court  in  Alaska  incase 
of  United  States  vs.  "  Henrietta." 

"      No.  llufO.  B.).  Claim  No.  24 327 

Registry  "  Winifred." 

"      No,  111  (O.  B.),  Claim  No.  24 327 

Portion  of  record  and  proceedings  in 
U.  S.  District  Court  in  Alaska  in  case  of  United 
States  r.9.  "  Winifred." 

'•      No.  112(0.  B.I,  Claim  No.  15 376 

liegistry  "  Black  Diamond." 

"      No.  113  (O.  B.).  Claim  No.  16 381 

Libel  in  proceedings  in  U.  S.  District 
Court  in  Alaska  in  case  of  United  States  vs. 
"  Black  Diamond. 

"      No.  114  (O.  B.),  Claim  No.  16 383 

Decree  in  proceedings  in  U.  S.  District 
Court  in  Alaska  in  case  of  United  States  vs. 
833  Fur  Seal  Skins 

"      No.  115  (G.  B.).  Claim  No.  26 386 

Detailed  Statement  of  vouchers  of  "  Say- 
ward  Costs." 

"      No.  116  (G.  B.),  Claim  No.  26 387 

Vols.  Nos.  I.,  II.  and  III.  in  "Sayward 
Case." 

"      No.  117(0.  B.),  Claim  No.  24 387 

Log  book  of  "  Winifi-ed." 

"      No.  118  (O.  B.),  Claim  No.  1 387 

Sealing  Chart  (4)  of  seals  observed  in 
BehringSeainl891. 

"      No.  119  (G.  B.),  Claim  No.  1 887 

Map  of  Northeast  Point  Rookery. 

"      No.  120  (O.  B.),  Claim  No.  1 887 

Map  of  Polavina  Rookery. 


I 


VIII  TABLB  OK  CONTENTS. 

PAaii 

Exhibit  No.  121  {(i.  R),  Claim  No.  1 -i^l 

Map  of  Ketavie  and  Lukaiinon  Rookery 
and  Reef  and  Oarbotcii  Rookeri«'3. 

"      No.  I-J2iG.  B.\  Claim  No.  1 305 

Account  sales.  July  4.  1h<»|,  r>HH  skins 
e.r  "Viva.'' 

"      No.  l-2i\  (G.  B.),  Claim  No.  12 W.") 

Registry  of  little  "Tiiumpli." 

*'      No.  124  (G.  B.).  Claims  Nos.  2,  »i,  7.  '.•  and  U».  :5!C> 
Copy   Joseph    Boscowitz's  ceititicate  of 
biith. 

•'       No.  I2.'.(G.  B.).  Claims  Nos.  :!  and  is :i!iti 

Daniel  .McLean's  British  naturalization 
papers.  October  H>,  Is.Hi;. 

No.  I2<!  (G.  B.),  Claims  Nos.  2,  ti,  7,  Jt  and  lo.  :}!»,S 
J.  Boscowitz's  school  registry,  1S41-42. 

No.  127  (G.  B.),  Claim  N..:  s :5!»8 

Transfer  from  Morris  Giitnian  to  Ale.xan- 
der  Frank,  dated  November,  isss. 

"      No.  12S  (G.  B.),  Claim  No.  1 4o| 

A.  .1.  Bechtel's  British  naturalization 
])apers,  April  7,  ls!»2. 

Unitki)  Statks  HxniBiTs. 

Exhibit  No.  1  (U.  S.),  Claim  No,  1 47 

Extracts  from  Case  of  Great  Britain  at 
Paris. 

"      No.  2  (U.  S.),  Claim  No.  1 47 

Dociuiients  relative  to  registry  of 
"City  of  San  Diego." 

"      No.  8  (U.  S.),  Claim  No.  1 4!) 

List  of  American  vessels  suitable  for  seal- 
ing purposes  which  arrived  at  Victoria  in  1SS»! 

and  1SH7. 

"      No.  4  (U.  S.),  Claim  No.  1 4!) 

Documents  relating  to  ownership  and  sale 
of  "City  of  San  Diego." 

"      No.  .'■.(U.  S.),  Claim  No.  :i 7<i 

Certificate  of  A.  McLean's  naturalization 
as  a  United  States  citizen,  Dec.  1,  1H82. 

"      No.  ('.(U.S.),  Claim  No.  2..   lo:] 

Agreement  dated  February,  issti,  be- 
tween John  (Jriftiths  and  Jose|»h  Boscowitz. 

"       No.  7(U.  S.),  Claims  No.s.  <!.  7,  !•  and  lo is>_) 

StatenuMit  of  defense  of  J.  Boscowitz  in 
printed  record  on  appeal  in  the  Supreme  Court 
of  British  Colimibia. 

"       No.  H  (U.  S),  Claim  No.  4 iss 

Logbook     of     Schooner    "Favourite", 

Ibsc. 

No.  !•  (LI.  S.I.  Claim  No.  4 ls8 

Pages  5  of  Capt.  M(tLean's  book  of  ac- 
counts and  general  sealing  information. 


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TABLE  OF  CONTENTS.  IX 

PAQI 

Exhibit  No.  U){U.  S.).  Claim  No.   s 207 

Certified  copy  (»f  uroceedings  in  the  Su- 
preme Court  of  BritLsh  Cohunbia  in  the  mat- 
ter of  the  Estate  of  Jacob  Gutnian,  deceased. 

"      No.  11  (U.S.).  Claim  No.  is 2«it 

Agreement  dated  April  0,  issj),  between 
E.  C.  Baker  and  H.  Leibes  tS:  Co. 

"      No.  12  (U.  S.),  Claim  No.  IS 2i\9 

Certificate  of  Diuiiel  McLean's  naturali- 
zation as  a  I'nited  States  citizen,  December  1, 

1SS2. 

•'      No.  1 ;{ (U.  S. ).  Claim  No.  14 27<i 

Receipts  for  wages  of  ci-ew  and  hunters 
of  Schooner  "  Pathfinder"  in  Is.s'.t. 

"      No.  14  (U.  S.),  Claim  No.   14 270 

Mortgage  dated  December  18,  188,5,  from 
Carne  «&  Munsie  to  A.  J.  Bechtel,  for  it(l,107 
on  Schooner  "  Pathfinder." 

"      No.  15  (U.  S.),  Claim  No.  14 277 

Mortgage  dated  December  is,  1885,  from 
Carne  &  Munsie  to  Myre  N.  Bechtel,  for 
$1,107  on  Schooner  "  Pathfinder." 

"      No.  16(U.  S.),  Claim  No.  14 279 

Portion  of  record  and  proceedings  in  U. 
S.  District  Court  in  Alaska,  in  case  of  United 
States  rs.  853  Fur  Seal  Skins. 

"      No.  17  (U.  S.),ClaimNo.  14 281 

Check  dated  November  7, 1890,  for  $1,000, 
payable  to  George  H.  Haynes  or  order,  signed 
William  Munsie,  Sch.  Ace. 

"      No.  18  (U.  S.),  Claim  No.  22 286 

Portions  of  recoi-d  and  proceedings  in  U. 
S.  District  Court  in  Alaska  in  case  of  United 
States  vs.  "  Henrietta,"  including  everything 
not  covered  by  Exhibit  No.  109  (G.  B.). 

"      No.  19  (U.  S.),  Claim  No.  24 .335 

Portions  of  record  and  proceedings  in 
U.  S.  District  Court  in  Alaska  in  case  of 
United  States  vs.  "Winifred,"  including 
everything  not  covei-ed  by  Exhibit  No.  Ill 

"      No.  20  (U.  S.),  Claim  No.  1« .334 

Registry  "Lily." 

"      No.  21  (U.  S.),  Claim  No.  15 ;}82 

Decree  in  proceedings  in  U.  S.  District 
Court  in  Alaska  in  case  of  United  States  vs 
"Black  Diamond." 

"      No.  22  (U.  S.),  Claim  No.  1 387 

Memorandum  as  to  the  law  governing 
the  rate  of  interest  in  British  Columbia. 

"      No.  23  (U.  S.),  Claim  No.  1 389 

Account  sales,  October  30,  1889,  872  Skins 
ex  "Viva." 

"      No.  24  (U.S.),  Claim  No.  1 390 

Account  sales,  October  30,  1889,  2.226 
Skms  ex  "Viva." 


„.JHP 


X  TABLE  OF  CONTENTS. 

rAoi 

Exhibit  No.  2.1(0.  S),  Claim  No.  1.... 891 

Account  sales,  October  »u,  18h»,  3«I4  Skins 
*'.»•  "Mary  Taylor." 

••      No.  i'»!  (U.  S.),  Claim  No.   1 :592 

Account  sales,  October  27,  isiwt,  1, 147  Skins 
ex  "  Viva  "  and  "  Pathfinder." 

"      No.  27  (U.  S.),  Claim  No.  I '.Wi 

Account  sales,  July  4,  liS!Sl»,  ;»Ht  Skins, 
(\r  "Mary  Taylor." 

•'      No.  2S(U.  S.i,  Claim  No  1 :m 

Account  sales  for  account  of  J.  Bosco- 
witz,  December !»,  liS87. 

"      No.  2!mU.  S),  Claim  No.  1 :W4 

"  Report  Inwards,"  Schooner  "  Adele," 
G.  M.  O.  Hansen,  Master,  September  11,  IH'.U). 

"      No.  .so  (IJ.  S.),  Claim  No.  2 ..  :«»6 

Joseph  Bo-scowitz's  British  naturalization 
pajiers,  November,  181>.'». 

SuppLEJiENTAi-  United  States  Exhibits. 

Exhibit  "A"  (U.  S.).    Supplemental  to  Exhibit  No. 

66(G.  B.) 159 

Portions  of  proceedings  in  U.  S.  District 
Court  in  Alaska  in  the  case  of  the  United 
States  vs.  "  Anna  Beck." 

"      "B"(U.  S.).    Supplemental  to  Exhibit  No. 

«7{G.  B.) 170 

Portions  of.  proceedings  in  U.  S.  District 
Court  in  Alaska  m  case  of  the  United  States 
IS.  "Dolphin." 

"      "C"(U.  S.).    Supplemental  to  Exhibit  No. 

«8(G.B.) 177 

Portions  of  proceedings  in  U.  S.  District 
Court  in  Alaska  in  case  oi  the  United  States 
vs.  "Grace." 

"      "D"  (U.  S.).    Supplemental  to  Exhibit  No. 

97(G.B.) 271 

Portions  of  proceedings  in  U.  S.  District 
Court  in  Alaska  in  case  of  the  United  States 
vs.  418  Seal  Skins. 

Addenda 404 


f 


UM.. 


APPENDIX   "B." 

€onimlM«ioner«  iiiiilfr  the  t.'oii  vein  ion  of  l'i>l>rii- 

iirjk  n,  iHtfe,  hetwceii  ihc  I'liitrd  Mialv« 

mid  liireiit  Briliiln. 


EXHIBITS 


20 


EXHIBIT  No.  1  (0.  B.),  CLAIM  No.  1. 

CKKTIFICATE  OF  HKITISH  UlilJlSTIiV. 

(SKAL). 

Offiiinl  niimln-r  of  ship  -ClSoit       port  NiimlHr  -l/lS7(i. 
Diitcof  ii'jjislrv     I'Ist  Marcli.  I.s7(i.     .\;iiiu' (tf  Mii|i  — 
"Carolina."     FoiuiKii  hiiilt  at  Port  Kiankliii.  Wash 
iiiuton  Territory.     Port  of  Ui-gistry     \i<  loria.     How 
pi  o|H'lle(l— sails. 


10   , 

.Nuinlu-r  of  decks,  .one. 
Nuiiibi'rof  Masts  .  two. 

Kiggod scl)ooiu>r. 

Stern s(|iiare. 


Puild Carvel. 

(iall»'r-i('s       . none. 

Head    .      ..inllet. 

Fraiiiewoi  k wood. 


Mkvsukemknts. 


F..-I. 


l.«ugth  from  the  fore  part  of  stem  under  Itow- 
sprit  to  the  aft  fide  of  the  head  of  stern 

40         P«^'    - 4.') 

Main  hreadtli  outside  plank 15 

Depth  in  hold  from  tominge  deck  to  (viiiiiv. 

at  miiiships ."  5 


Tenlli. 


Tonnage  under  tonnage  (!.'(k  . 


Nllllllll  T  c,f  TlllH. 

-    .-    :u.yo 


Total  register  tonnage .'Jl.iX* 

I,  the  undersigned  Registrar  of  the  Port  of  Victoria, 
'  B.  p.,  hereby  certify  that  the  ship,  the  description  of 
which  is  prefixed  to  this  my  certificate,  has  been  duly 
surveyed,  and  that  the  above  description  is  true;  that 
Francis  Arm.strong  is  Master  of  .«aid  ship,  and  that  the 
nanie.  residence  and  description  of  the  owner,  and  number 
of  sixty-fourth  shares  held  by  bin),  aie  as  follows: 
Name,  Residence  and  occupation  of  No.  of  Sixly-fourth 
_  owner,  sliaies. 

h  rancis  Armstrong  of  Victoria,  Trader.    Sixty- t.ur  shares. 
60     Dated  at  Victoria  the  2lstdayof  March  one  thousand 
eight  hundred  and  seventy. 

H.  HAN  LEV. 
,„    ,         ,  Registrar  |  L.  s.l 

(Endorsed)— Certificate  of  Registry.    Original      Exhibit 

1.)   A.    1  .    Li. 

JOHN  C.  CANTWELL, 

3rd  Lieut.  U.  8.  R.  M. 


T 

i 

(Exhibits  Nos.  2,  3  and  4.) 

EXHIBIT  No.  2  (0.  B.).  CLAIM  No.  1. 

DOMINION  OF  CANADA. 
Coasting  Licensr. 


No. 


10  For  the  year  1S86. 

To  all  whom  it  may  concern : 

This  License  is  granted  to  James  Ogilvie  of  Vic- 
toria, B.  C.  Master  of  the  "Carolina"  of  Victoria. 
B.  C,  81.  IK)  tons  burden,  Britich  registered  and 
wholly  owned  by  British  subjects,  to  employ  the 
said  vessel  to  carry  goods,  always  subject  to  entry 
or  clearance,  conformably  with  the  coasting  regula- 
tions of  the  Dominion  of  Canada,  he  having  with 
20  two  sureties,  entered  into  the  necessary  bonds. 

Given  under  my  hand  this  IfJth  ) 


day  of  February,  188fi. 


Customs  of  Canada, 

Feb.  16,  1S8(). 

Victoria.  B.  C. 


J 


30 


(El    orsed)-  Exhibit  K. 


A.  R.  MILNE, 

pro.  Collector. 


Port  of  Victoria,  B.  C. 
This  License  expires  on  the 

:3(tth  day  of  June,  1886. 
A.  T.  L. 

JOHN  C.  CANTWELL. 


EXHIBIT  No.  3  (G.  B.),  CLAIM  No.  1. 

PORT  OF  VICTORIA,  BRITISH  COLUMBIA. 
These  are  to  Certi/i/,  to  all  whom  it  iloth  concern. 
4°  That    James  Oj'ilvie.   Master  of    tlie  Br.    Schr. 

"Carolina,"  burden  'Al.W  Tons,  navigated  with 
eleven  (11)  men.  British  built  and  bound  for  Pacific 
Ocean,  Heliring  Sea,  and  Okhotsk  Sea,  having  on 
board  ballast  and  stores,  on  a  Fishing  and  Hunting 
voyage,  hath  here  entered  and  cleared  his  said 
vessel  according  to  law. 

Clear.\nce. 

Given  under  my  hand  and  seal  at  the  Custom 
HO  House  at  the  Port  <.f  Victoria,  B.  C.  in  the  Province 

of  British  Columbi;.  tliis  litth  day  of  May,  one 
thousand  eight  hundn^  and  eigbtv-six. 

A.  R.  MILNE. 

pro.  Collector. 
(Endorsed)- Exhibit  L.     A.  T.  L. 

JOHN  C.  CANTWELL, 

3rd  Lieut.  U.  S.  R.  M. 


6o  EXHIBIT  No.  4  (0.  B.).  CLAIM  No.  1. 

This  exhibit  is  a  copy  of  the  Bill  of  Health  of  the 
schooner  "Carolena."  dateil  May  1!»,  ISSO,  Custom  House, 
Port  of  Victoria,  B.  C,  and  signed  A.  R.  Milne,  Pro.  Col- 
lector of  Customs. 

B\*  order  of  the  Commissioners  on  consent  of  counsel  it 
is  not  printed. 


8 


(Exhibit  No.  6.) 


No.  63. 


(Kxliil>its  NoH.  it  and  7). 

EXHIBIT  No.  6  (Q.  B.),  CLAIM  No  1 

(EndorsHinent.) 

Kegisteml  iit  t\w  Fort  of  Victoria,  B.  C.  nth  K.'l.v  .  I>s:.. 

M   10  A.  M.,  Folio  l!t7,  r^ook   B.     H    Hmtlfy 

I  British  Cohiiiiliiit  Ciistorns  S(3iil). 

It'  Bii.i,  (»K  Sai.k,  Ship  "Cakolkna." 

(Th«' tIt'Hcription  of  th»'  vessel  i'^  idt'ntii'al  with  the  tic 
script i<»ii  nivt'ii  in  Kxhiltit  No.  .'»  ((}.  B  ),  Claim  No.  1.  an<l 
is  oniittt'il  h«M«'  by  t-onst'iit  of  tomisfl. 

I.  |)(tnalfl  Urquliart.  MasttM'  of  tlu>  Steamer  "  Alex- 
iiiflfr  "  of  the  City  of  Victoria  i  i  the  F'roviiu-e  of  British 
Colnuihia,  in  consideration  of  the  Sum  of  Six  hnnth-ed  & 
sixty  seven  Dollars  paid  to  me  by  William  Munsie.  (Srocer 
of  Victoria,  British  Coinuiiiia  the  Receipt  whereof  is  here- 
by acknowlediid,  transfer  Twenty-one  Shares  in  the  Ship 
20.i|)((ve  particularly  describeil,  and  in  her  boats,  and  appur- 
tenaiK-es.  to  tin*  said  William  Miinsie  of  the  City  & 
Province  aforesaid. 

Kuriher,  I  the  siid  Donald  Urtpihart,  Master  of  the 
Steamer  "Alexander"  as  aforesaid  for  myself  and  my 
heirs  covenant  with  the  >aid  Wdliam  iMnn^ie  of  the  City 
iS:  Province  .(foresaid  and  his  assij^ns,  that  I  have  power 
to  tiansfer  in  maimer  aforesaid  tlie  premises  hereinbetoie 
expressed  to  be  transferred,  an<l  that  the  same  are  free 
from  incundnances  w  hatsoever  iS:  wheresoever. 
.^<J  In  witness  whereof  I  havi?  hereimto  siiliscribed  my 
name  and  afti.xed  my  seal  this  4th  day  of  Feliruary  One 
thousand  ei^'ht  hnndred  and  eij^btv-five. 

1).  C  Ryu  H  ART.    I  SKA  I,.  I 
Kxecnted  i»y  the  ahovenanied  Donald  Hrtpdiart  in  the 
presence  of  CiiAs.  Havwaup,  .Jr. 

EXHIBIT  No.  7  (SB  ).  CLAIH  No.  1. 

(Endorsement.) 
Registered  at  the  Port  of  Victoria.  B.  C,  Feby.  ."tth,  iss."), 
4"  at  10  A.  M.     Folio  11*7.  Book  B.     H.  flanley. 

(British  Cohimbia  Customs  Seal.) 
BiM.  OK  Sat, I-:.  Snip  '•Cakoijcna  " 
(The  description  of  the  vessel  is  iilentical  with  the  de- 
sciiplion  given  in  Exhil>it  No.  .">  ((•.  B. ),  Claim  No.  1,  and 
is  omitted  here  by  cunsent  of  counsel. 

I.  Donald  Urcpdiart.  Master  of  the  Steamer  "  Alex- 
ander "  of  the  City  of  Victoria  in  the  i'rovince  of  British 
Colmiiliia  in  considciation  of  the  Smn  of  Six  Hundred  & 
sixty  seven  Dollars  paid  to  me  by  Heurv  Matheson, 
ii° manner,  of  the  City  of  Victoria.  Province  of  British 
Cojuniliia  the  R(>cei|»t  whereof  is  liereliy  .icknowledKed, 
transferred  Tweuty-two  Shares  in  the  Ship  above  particu- 
l.uly  descrilied.  .ii\d  in  her  lioats  and  a|)purtenance.s,  to 
the  said  Heiuy  Matiuson  of  t  lie  City  &  Province  aforesaid. 
Furtiier.  I  the  said  Donald  Citpihart,  Master  of  the 
Steamer  "'  Alexander"  foi'  myself  and  my  heirs  covenant 
with  the  Slid  Henry  Matheson,  mat iner,  .ind  his  assigns, 
tliat  I  have  power  to  transfer  in  manner  aforesaid  the 
premises  liereinl»efore  expressed  to  be  transferred  and 
"°thattlie  same  are  fiie  fM>m  iiicuuibraiices  whatsoever  & 
wheresoever. 

In  witness  whereof  I  have  hereunto  subscribed  n)y 
name  and  affixed  my  seal  this  Twenty-first  day  of  Jauu- 
■  irv  one  thousand  ei;;lit  hundred  and  eighty  five  (1SS5). 

D.  URgUHART.    [skai..! 
E.xecuteil  by  the  abovenamed    Donald  Urquhart  in  the 
presence  of  Chas.  Havwakd,  Jr. 


■I 


,iiitl. 


(ICxliil»it8  Nos.  H  and  )>)• 
EXHIBIT  No.  8  (0.  B.).  CLAIM  No-  1 

(KiuloiHement.) 

Registeivd  at  the  Port  of  Victoria,  B.  C,  :<i>thSop.,  18S5, 
3  a")  P.  M.     Folio  2i»».     H.  Hanley. 
(British  Cohiinhia  Ciistoms  Soal). 
BiixoF  Sale,  Ship  "Cakolexa." 
'°     (The  doscription  of  the  vossel  is  idontical  witli  the  de- 
scription ^iven  in  Exhibit  No.  :>  (0.  B),  Claim  No.  1,  and 
is  admitted  here  by  consent  of  counsel. 

I,  Henry  Mattieson,  Master  of  the  Schr.  "Carolena" 
of  the  City  of  Victoria  in  the  Province  of  British  Colum- 
bia in  consideration  of  ti>o  Sum  of  Six  Hundred  &  sixty- 
nine  Dollars  paid  to  mi*  by  \Vm.  Munsie,  (Jrocer  of  the 
City  of  Victoria  in  the  Province  of  British  Colum!)ia  the 
Receipt  whereof  is  hereby  ackiiowledjj;ed.  transfer  Twenty- 
two  Shares  in  the  Ship  al)ove  particul  irly  descrii)ed,  and 


20 


ni  her  boats,  and  ap|)urtenances,  to   the  said   William 
&  Pri 


Munsie  of  the  City  «!k  Province  aforesaid. 

ITurther,  I  the  said  Henry  Mathe.son,  Master  of  the  said 
Schooner  "  Carolena"  for  myself  and  my  h«Mrs  covenant 
with  the  said  William  Munsie,  (irocer,  and  his  assigns, 
that  I  have  power  to  transfer  in  miimer  afore.said  the 
premises  hereinbefore  expressed  to  be  transferred  and 
that  the  same  are  free  from  incumbrances  whatsoever  and 
wheresoever. 

In  witness  whereof  I  have  hereunto  subscribed   my 
3°  name  and  affixed  my  seal  this  nineteenth  day  of  June, 
One  thousand  eight  hundred  and  eighty-five. 

HENlty  MATHESON.    [seal]. 

Executed  by  the  above  named  Henry  Matheson,  in  the 
presence  of  Fkederick  Cakn'e,  Jr. 


EXHIBIT  No.  9  (0  B ),  GLAIH  No- 1 

4°  (Endorsement.) 

Registered  at  the  Port  of  Victoria,  B.  C,  3(»th  Sept.,  1885, 
3.25  P.  M.     H.    Hanley,    Register. 
(British  Columbia  Customs  Seal). 
mortoaoe  (to  secure  principal  sum  and  interest)  ship 
"Carolena." 
(The  description  of  the  vessel  is  identical  with  the  de- 
scription given  in  Exhibit  No.  5  (G.  B.),  Claim  No.  1,  and 
is  omiltea  here  by  consent  of  counsel. 

50  I,  the  undersigned  William  Munsie,  Grocer  of  the  City 
of  Victoria  Province  of  British  Columbia  in  consideration 
of  One  thousand  Dollars  this  day  lent  to  me  by  Andrewr 
J.  Bechtel,  Hotel  Proprietor,  Victoria,  British  Columbia 
do  hereby  for  myself  and  my  heirs,  covenant  with  the 
said  Andrew  J.  Bjchtel  of  the  City  &  Province  aforesaid 
firstly:  That  I  or  my  heirs,  executors  or  administrators, 
will  pay  to  the  said  Andrew  J.  Bechtel,  the  said  sum  of 
One  thousand  Dollars  ("  together  with  interest  thereon  at 
the  rate  of  "  stricken  out)  without  interest  ("  per  cent,  per 

63 annum  on  the  day  of "  stricken  out)  on  demand  ("  next; 
and  secondly,  that  if  the  said  principal  sum  is  not  paid  on 
the  said  dajy  or  heii-s,  executors,  or  adminis- 

trators, will,  during  such  time  as  the  same  or  any  part 
thereof  remain  unpaid,  pay  to  the  said 

interest  on  the  whole  or  such  part  thereof  as 


PR 


m 


a  . 


(Exhihit  No.  !»i. 

may  for  the  tinio  h«>ii)>;  rfinaiii,  iinpiiid,  at  the  into  of 
pi>r  c-tMit.  per  anmiin,  liy   opial   half  yt'.irly   payiiii'iitH  on 
the  (lay  of  and  day  of 

in  every  year"  Htricken  ont);  and  for  Injlter  HocuiinK  to 
the  Kaid  Andrew  J.  Huchtel  the  lepavnient  in  manner 
afoiennid  of  the  said  principal  sum  and  inteiest  I  herehy 
mortgage  to  the  said  Andrew  J.  Beclitel  Thirty-two 
loshaies  of  which  I  am  the  t>wner  in  tlie  Ship  ahove  par- 
ticularly descrihed,  and  in  her  lioats,  i"  guns,  ammuni- 
tion, small  aims "  stricken  out)  and  appurtenances.  I 
declare  that  this  mortgage  is  made  on  condition  that  the 
power  of  sale  wliicli  hy  the  Merchant  Sliipping  Act  18.''>4j 
IS  vested  in  tile  said  .\.  . I.  Hechtel  shall  not  he  exercised 
until  the  said  day  of  Lastly,  I  for 

myself  and  my  heirs,  covenant  with  the  said  Andrew  J. 
Bechtel  and  his  assigns  that  I  have  jiower  to  mortgage  in 
manner  aforesaid  the  ahove  mentioned  shares,  and  that 
20  the  same  are  free  from  encumhrances  whatsoever  and 
wheresoever. 

Ill  witness  whereof  I  have  hereto  snhscrihed  my  name 
and  atfi.xed  my  seal  this  nineteenth  day  of  Jum?  One  thou- 
sand eight  hundred  and  eighty  tive. 

■\VM.  MUNSIE.     IsKAi,.] 
B^xecuted  hy   the  ahove-named  William  Munsie,  in  the 
presence  of  ¥.  Caknk,  Jr. 

(Endorsement  on  hack  of  Mortgage). 
In  consideratif)!!  of  the  sum  of  One  tliousand  Dollars 
3°heinj;  all  principal  money  due  on  the  within  mortgage 
the  receipt  and  payment  of  which  I  herehy  acknowledge, 
I  herehy  release  and  discharge  the  within  vessel,  "  Caro- 
lena  "  and  the  within  named  William  Munsie  tor  all 
claims  and  demands  in  respect  of  such  princi))al  sum. 

In  witness  whereof  I  have  hereunto  set  my  hand  and 
seal  this  7th  day  of  Novemher,  A.  D.  18)to. 

A.  J.  BECHTEL.    [seal]. 
Witness: 

A.  L.  Belyea. 
Registered  at  the  Port  of  Victoria,  B.  C,  Novembers, 
189(1.  at  12  noon.     Folio  218,  Book  B. 

A.   R.   MILNE, 

Registrar.      [seal.] 
The  following  eleven  receipts  are  attached  to  the  above 
mortgage  and  form  part  of  Exhibit  No.  )t  (G.  B.): 
No.  1.  Victoria,  B.  C,  1S»  Dec.  1885. 

Received  from  Wm.  Munsie, 

Sixty Dollars 

50  being  amount  due  for  Interest  on  mortgage  Schr.  "Caro- 
lena^'  to  19th  Dec.  1885. 

$60.00  A.  J.  BECHTEL, 

No.  2  Victoria,  B.  C,  2l8t  June  1886. 

Received  from  Wm.  Munsie,  Esq., 

Sixty Dollars 

being  amount  interest  due  on  mortgage  Schr.  "  Caro- 
lena"  to  19th  June,  1886. 
1160.00  A.  J.  BECHTEL. 

60  No.  3.  Victoria,  B.  C,  Dec.  26th,  1886, 

Received  from  Wm.  Munsie, 

Sixty Dollars 

being  amount  due  for  interest  on  mortgage  Schr.  "Caro- 
lena  "  to  19th  Dec.  1886. 
$60.00  A.  J.  BECHTEL. 


r 

(Exhibit  Nu.  )«.  i 

No.  4.  VicroKiA,  B.  C.  l«tliJune,  1h87. 

H»'ceiv»'(l  from  VVm.  Ml'Nhik, 

Sixty Dollar* 

bt-iiiK  Interest  duo  on  Mortgage  Schr.  "  Cnrolena  "  to  10th 
June.    |ss7. 
|«to.(Mi.  A.  J.  BECHTEL. 

No.  :..  Vktomia.  B.  C.  Dw.  '.'Oth,  1H87. 

'°  Rcot'iveil  fron»  Wm.  Munsik,  Esq.. 

Sixty D(»lloi"» 

beiuK  amount  due  for  intoroHt  on  mortgage  Schr.  "Caro- 
lena"  to  IKth  Dec.  1hs7. 
^♦io.no.  A.  J.  BECHTEL. 

No.  ♦•..  VicTOHU.  B.  C.  I'Htli  June,  1hh8. 

Received  from  Wm   Muxsik, 

Sixty Dollare 

being  amount  interest  due  on   mortgage  Schr.    "Caro- 
2olena"  to  l!»tli  June,  IMSS. 

^.lo.oo  A.  J.  BECHTEL. 

No.  7.  Victoria.  B.  C.  I'.ith  Dec.  1888. 

Received  from  Wm.  A!l'N9IK,  Es<i., 

Sixty . Dollar» 

being  amount   interest  due  nn  mortgage  Schr.    "  Caro- 
lena"  to  l!«th  Dec.  !8Hs. 
*••.<•.(.(.  A    J.  BECHTEL. 

No.  ^.  ViCTOKiA,  B.  C.  loth  June  1881». 

Receive«l  from  Wm.  Ml  npik, 

3°Sixty Dollars 

being  interest  due  on  nic'.ig.-ige  Schr.  "  Carolena  "  to  luth 
June,    |H8!» 
?stio.oo.  ANDREW  J.  BECHTEL. 

No.  !».  ViCTOHiA,  B.  C.  Mtth  Dec.  1889. 

Received  from  William  Munhie, 

Sixty Dollars 

being  amount  of  interest  due  on  mortgage  Schr.  "Caro- 
lena" to  litth  Dec.  1880. 
40     ijMio.do.  A.  J.  BECHTEL. 

No.  n».  Victoria,  B.  C.  2.1  June,  1890. 

Received  from  William  Mlxsie 

Sixty Dollars 

being  interest  due  on  mortgage  Schr.  "  Carolena  "  to  19th 
June.  1S90. 
*fi<».(Ki.  ANDREW  J.  BECHTEL. 

No.  11.  Victoria,  B.  C,  Ist  Nov.  1890. 

Received  from  William  Munsie. 

-o  Forty-three 35/100  Dollars 

being  amount  remaining  due  on  mortgage  Schr.  "  Caro- 
lena" to  Ist  Nov.  1890. 
I43.35/1O0.  A.  J.  BECHTEL. 


6o 


lit     I 


SCH. 


10 


8 

(Exhibit  No.  10). 

EXHIBIT  No.  10  (a.  B.),  CLAIM  No.  1. 

{Vouchers  l-5o  incl). 

Voucher  No.  1.  (a.) 

Victoria,  B.  C,  April  1,  1880, 
'  Carolina  " 

Bouglit  of  S.  L.  Kelly  &  Son, 
Importers  in  all  the  various  kinds  of 
Cooking  Stoves  and  Ranges  in  use. 


Feby  1 7.     To  '2  Copper  elbows $1  50 

"  2  Joints  copper  pipe 1  25 

"      Fitting  up  of  same  

1  Lb.  sheet  copper  &  wire. 


*3  00 
2  50 

87 
(i3 


April  20. 


20 


Keceived  Payment, 


HI  00 


S.  L.  KELLY. 


I 


30 


40 


50 


Voucher  No.  1.   (/>.) 

Victoria,  B.  C,  June  1.  1886. 
ScH.  "Carolina," 

Bought  of  S.  L.  Kelly  &  Son, 
Importers  in  all  the  various  kinds  of 
Cooking  Stoves  and  Ranges  in  use. 

May  17.     To  l-lo  Qt.  Kettle $    7.') 

"   l-<i     "      Do    63 

"   1-2     "      Do     25 

"    1  Large  Coffee  pot  and  1  small 

Do 2  25 

"  2  Press'd  dish  pans 1  00 

*'   1  Doz.  pi-ess'd  oval  pans 3  oo 

"   )     "     pie  plates 37 

"   1  chopping  bowl  and  knife. . .     1  25 
"  2  Basting  spoons,  egg  slice  & 

fork 87 

"  3  Bako  pans  (to  order) 1  50 

"   1  large  fry  pan 75 

"1     '•     Dipper  &  smaller  Do.        75 

"   1  small  shovel 25 

"  1  cullender 38 

$14  00 

Paid 

S.  L.  KELLY  &  SON. 

July  10/86. 


6o- 


Voucher  No.  2. 

Victoria,  B.  C,  Feb.  10th,  1886. 
Mr.  Ogilvie— Per  "Carolena" 

To  3.  Nolan,  Dr. 

Teamster. 

To  Hauling  Lumlier 

Feb.  10.    2  loads  to  wharf $2  00 

Paid 

J.  NOLAN 

p.  Chambers. 


,*. 


10 


9 

(Exhibit  No.  I<>). 
Voucher  No.  3.   (a.) 

•  Victoria.  B.  C.  June  3,  1880. 
ScHR.  "Carolena" 

Bought  of  Wm.  p.  Say  ward. 
Island  Lumber  &  Si'ars. 

May  17.     18  ft.  1  x  14  sfd 30 

70  "   Ix  10    "    ...     1  24 

13  "  2x3D.  D 20 

19        7  "    1  x4T&  G 13 

24  "   P   1x4  sfd 12 

*2  05 

Paid 

W.  P.  SAYWARD, 
p.  C. 


20 

Voucher  No.  3.   (/>.) 

Victoria,  B.  C,  Feb.  16,  1886. 
ScHR.  "Carolina," 

Bought  of  Wm.  P.  SaywarD; 
Manufacturer  and  Dealer  in 
Island  Lumber  and  Spars. 

Feb.  10.     To  940  ft.  1x12 1128 

30  135  "  2  X  4  162 

168  "  1  x6  2  01 

140  "  2x6 1  68 

80  "4x4  96 

22  "  1x6  T&G 44 

975  "  P.  1  x3 4  87 

2i  M  shingles 6  87 

18.  300ft.  1  x4T»&G 7.50 

96  "  3x  4 1  15 

34  "  2x  10 41 

4°  i  M.  shingles 68 

$39  47 

Paid  Feb.  16/86. 

\V.  P.  SAYWARD, 
W.  S.  C. 


Voucher  No.  4.  («.) 

Victoria,  B.  C,  Feb.  13,  1886. 
50 Schooner  "Carolena" 

Bought  of  E.  G.  Prior, 

Importer  of 

Hapdware,  Iron  and  Steel,  Plows,  Wagons,  Reapers, 

Belting,  Etc. 

Febyl2.     1  Padlock 50 

1  Hasp  &  staples 37 

13.     1  Run.  Lock. 1.50 

^  j!2  37 

E.  G.  PRIOR, 

Paid 
Feb.  16,  J  886. 

per  G.  F.  Mathews. 


lO 


30 


10 

(Exhibit  No.  lo). 

Voucher  No.  4.   (/*.) 

Victoria,  B.  C,  June  30,  1886. 
ScH.  "Carolina," 

Bought  of  Importer  of  E.  G.  Prior, 

Hardware,  Iron  and  Steel,  Plows,  Wagons,  Reapers, 

Belting,  Etc. 

May  15.    4  Butchers  Steels 15  00    5  00 

4  5"  Wilson's  skinning  knives.     3  00    100 

2  Ripping  knives 5  50        92 

'i        "  "      3  00        50 

1  doz.  small  files  ass'd    2  00    1  00 

1  5"  screwdriver 37 

18.     2Iron  Ladles 4/-     100 

9  79 

Received  Payment  Oct.  13/sO. 

pp.  E.  (I.  PRIOR. 

G.  F.  Mathews. 


Voucher  No.  5. 
$3.50.  Victoria,  B.  C.  Feb.  17th,  1886. 

Received  from  Wm.  Munsie,  Drayage  on  a/c  of  Schr. 


30 


'  Carolena,"  Three  50/100  Dollars. 


JOSEPH  HEANEY. 


Voucher  No.  <!.  (o.) 

Victoria,  B.  C,  27th  May,  1886. 
Schr.  "  Carolena  "  and  Owners, 
^  Bought  of  E.  B.   Marvin, 

Importer  and  Dealer  in 
Anchors,  Chains,  Manilla  &  Hemp  Cordage. 

1886. 

Feby.  16.     1-10  in.  monkey  wrench 125 

1-compass 7  60 

4-2  in.  staples 10 

May    19.    5  pairs  7  ft.  oars  70  ft.  12  l/2<f. .  8  75 

50                    5    "     rowlocksSO^ 2  50 

2  compasses  3.00 6  00 

4-5  in.  I.  S.  Pat.  blocks  2.00 ....  8  00 

12  lbs.  American  rope  18^ 2  16 

$36  26 

May    17.    1  lb.  copper  wire 75 

$37  01 
Paid 

.  F.  ADAMS. 

00 


ft 


lO 


(Blxhibit  No.  10). 
Voucher  No.  6.  (6.) 

Victoria,  B.  C.  15th  Feby.  1886. 

SCHR.   "CaROLKNA  "  AND  OWNERS, 

Bought  of  E.   B.  Marvin, 

Importer  and  Dealer  in 

Anchors,  Chains,  Manilla,  &  Hemp  Cordage. 


1886. 
Feby.  3rd. 


IM 


20 


30 


11 


12 


15 


tt  1/2  lbs.  spun  vain . , 2  00 

1  dble.  7  in.  pat  block  14  in.  3(»<*  -t  20 

15  lbs.  American  rope  200 3  00 

1  best  seamiu);  palm 1  25 

1-3  in.  pat.  sheeve 1  00 

1/2  lb.  7/8  copper  tacks 50 

1  box  galvd.  hooks 1  00 

1  coil  ythd.  rope  30  1/2  lbs.  14<f  4  27 

20  lbs.  IHthd.  cod.  lines  37  l/2<iS  7  50 
107  lbs.  2  1/2  in.  Am.  manilla 

rope20<J 21  40 

142  lbs.  3  1/3  in.  Am.  manilla 

rope  200 28  40 

7  lbs.  pump  leather  500 3  50 

1/2  gal.  stock  tar 38 

1/2  lb.  bees  wax 37 

14    "   2  in.  American  rope  200  2  80 

1/2  doz.  sail  needles 25 

1  log  slate 75 

4  lights  9  X  13  glass 50 

Received  Payment, 

F.  ADAMS, 

for  E.  B.  Marvin. 


$83  07 


40 


Voucher  No.  7. 
Victoria,  B.  C,  7th  April,  1886. 
Mr.  MuNSiE  a/c  Sch.  "Carolina" 

To  P.  J.  Leech, 

For  rating  Chronometer  807 $5  00 

Paid 

P.  J.  LEECH. 


SO 


Voucher  No.  8. 

Victoria,  B.  C,  May  19,  1886. 
Messrs.  Carne  &  Munsie 

Bought  of  Langley  &.  Co. 
Wholesale  and  Retail  Druggists. 


For  Schooner  "Carolina" 

1  Lantern 1  00 

603  doz.  asst.  Wicks  2/- 75 


Paid  June  30/86. 


1  76 


w 


10 


30 


30 


12 

(Exhibit  No.  1<»). 

Voucher  No.  1>. 

Victoria,  B.  C.  May  26th,  1S86. 
Schooner  'Carolina" 

To  John  Robertson,  J)r. 
Blacksmith  and  Boiler  Maker. 

May     17.     To  3  5/8,  2-1/2  Bolts  for  Oavits     1  23 
Spindle  &  2  Bands  for  \Vindlas.s 
Gear  27  lbs.  ISc. 4  35 

18.  3  straps  for  tank  (57  lbs.  12c 8  (U 

19.  2  Stands  for  Stearing  Gear  !)7 

U)s.  U\c IT)  52 

2  Eye  Straps  Tiller  4  Bolts  34 

lbs.  18c <5  12 

6  3/4  Collar  Eye  Bolts  &  Nuts 

IS  lbs.  18c 3  24 

2-5/8  Eve  Bolts. .    1  25 

2  1/2  DViftBolts 25 

2  Staples  for  Wheel 25 

4  3/4  Bolts  4-5/8  Screw  Bolts.  .  4  00 
New  Traveller  &  Socket  48  lbs. 

18c 8  fi4 

Pump  Bucket  repaired I  <•<> 

2  Washers -  50 

|54  41 

25 

$54  06 
Received  Payment, 

JOHN  ROBERTSON. 


40 


Voucher  No.  10. 

Victoria,  B.  C.  May  It),  1886. 
Schooner  "Cakolena  " 

To.  Chas.  Pardoe,  Dr. 

Gunsmith. 


To  4000  S  9  Gun  wads  1.10 4  40 

Received  Payment, 

C.  PARDOE,  July  13/86. 


50 


60 


Voucher  No.  11. 

Clayoquot,  May,  '   "<}. 
Schooner  "  Carolena  "  &  Owners 

To  B.  C.  Pilots,  Schr.  "  Mary  Taylor." 

To  36  fathoms  2i  in.  manilla  rope 7  36 

"  10  yards  No.  3  Cotton  Canvas 3  70 

"    5      "       "4      "           "        1  75 

"    2  Balls  Seaming  twine 75 

"    1  Rifle 1000 

*23  56 
The  $10  for  Rifle  to  be  refunded  when  the  Rifle 
is  returned. 

Reed.  Payment, 

ANGUS  McALISTER. 


liwL.. 


7  36 

3  70 

1  75 

76 

10  00 

13 

(Exhibit  No.  10). 

Voucher  No.  12. 
Victoria,  B.  C,  May  17th,  1886. 
ScHB.  '*  Carolina  "  &  Owners 

To  Dean  S.  Sears,  Dr. 

Sail  Maker. 

,oTo6j  days  repairs  on  3  sails  at  ft $25  00 

'•  8  yards  No.  5  Duck  at  .34c.,  $2.72,  12  lbs.  H. 

Ropeat2/-|3 6  72 

"  19  reef  points  at  8c.  $1.52,  Twine  and  wax 

$1.80 3  32 

$34  04 
Reed.  Payment, 

DEAN  S.  SEARS. 

20 

Voucher  No.  13. 
Victoria,  B.  C,  May  17th,  1886. 
Messrs.  Carne  «&  Munsie, 

Bought  of  John  Weiler, 

Manufacturer  of  Furniture. 

To  1  Doz.  En.  Plates 5  00 

"1     "      "     pint  mugs 5  75 

30  «  1     •'    Knives  &  Forks .. .   3  50 

"1     "    Tablespoons 2  00 

'•  1     "    Tea  '• 1  00 

$17  25 

Steamboat  globes,  18-75 1  50 

ForSchr.  "Carolena." 

16/9/86  Paid. 

JOHN  WEILER, 
per  O'B. 

40 

Voucher  No.  14. 

Victoria.  B.  C,  June  1, 1886. 
ScHR.  '•  Carolena  "  <&  Owners, 

Bought  of  P.  McQuADE  &  Son, 

Importers  and  Dealers  in 

Manilla  and  Hemp  Cordage,  Anchors,  Chains,  Rosin. 

50  May  13.     3   cans    copper    paint   $7.50,    2 

Brushes$1.75 $9  25 

14.    47  lbs.  3 1/2  Lan  yards  $8.46,  25 

lbs.  white  lead  $2.25 10  71 

5  lbs.  spunyarn  .90,  5  lbs.  Black 

Paint  .75 1  66 

"     1  Pr.  Clasp  &  Hooks  .50  1  single 

&  dble  Pat.  Block  2  in.  $5.25..  5  75 
"     2  1/2  lbs.    Seasing  .62,   1    Pair 

Hooks  &  Thimble  .75 137 

60  "4  1/2  lbs.  Bolt  Rope  .SI,  1  gall.  B. 

oil$l.. 1  81 

"     1  lb.  Pat.  Driers  .25,  2-12  Hasps 

2ton$1.20 146 

"     3  lbs.  Marlin  .75  1-7  Com.  Block 

$1.40 2  15 


lii^ 


14 

(Exhibit  No.  1(»). 

*'     1  Lig.  Serving  Board  .76,  15  1-7 

Pat.  Block  $1.75 2  60 

16.  6  lbs.  spiiuyarn  .00, 1-2  1/2  Galv. 

Thimble. 30 120 

"     12  1/2  White  I.ead  $1.25, 1/2  gal. 

B.oil.50 175 

17.  1-8  1/2  Pat.  iron  sheave  $1  30, 1 

10  lb.  Calkin. 15 146 

11  lbs.  Bolt  Rope  $1.08,  1  Hook 
Tiiimble  .21 2  23 

18.  6  lbs.  1  1/2  Am.  Manilla  $1.20,  5 

ft.  Spunyarn  .00 2  10 

19.  1-6  Spirit  Compass  $22.50,  1  1/2 

gall.  B.  oil  $1.50 24  00 

25  lbs.  W.  Lead  $2.26,  0  yds.  8  yd. 

Duck  $1.62 3  87 

4  lbs.  Oakum  .60,  8  ft.  galv.  Boat 

30  Nails  $2 2  60 

17  1/2  yds.  No.  6  Duck  $5.25,  5 

lbs.  spunyarn  .00 6  15 

2  Balls  Twine  .75,  2  lbs.   Pat. 

Driers  .00 175 

.  4  ft.  pat.  spikes  .40,  11  ft.  2  Am. 

Manilla  $2.20 2  60 

1-5  Brass  Compass 5  25 

$91  09 

P.  McQUADE  &  SON, 
30     E.  &  0.  E.  Paid 

Sep.  10,  1S86. 

Victoria,  B.  C. 

Voucher  No.  15. 

Victoria,  B.  C,  May2l8t,  1886. 
Messrs.  Carne  &  Munsie  a/c  Schr.  "  Carolina  " 
Bought  of  W.  J.  Jeffree, 
Dealer  in  Trunks,  Valises,  Umbrellas,  &c. 

40 To  Mdse.  supplied 

Schr.  ''Carolina,"  as 

per  bill  rendered 79  25 

Wc  Dis 7  02  1/2 

$71  32  1/2 
Paid  Sept.  17th.  1886. 

Estate  W.  J.  JEFFREE. 

Pr.  0.  J. 

SO 

Voucher  No.  16. 

Victoria,  B.  C,  May  11,  1886. 
Schooner  "Carolena'' 

Bought  of  On  Hing  &  Brother, 

Manufacturers  and  Dealers  in 

Clothing,  Tea,  Rice  and  Tobacco. 

To  2  Doz.  Blue  overalls  $10 $20  00 

"1     "        "    Jumpei-8$10.. 10  00 

,     "1     "    Check  Shirts  $8 8  00 

°°  «'  1     "    Brown  overalls  ?.6. 50 6  50 

"  lib.  Linen  thread  $1 1  00 

"  Needle 75 

$46  25 
Paid,  ON  HING  &  BRO. 


i 


18 

(Exhibit  No.  10). 
Voucher  No.  17. 

Victoria,  B.  C,  May  25,  1886. 
ScH.  "Carolena" 

To  Thos.  Gowen,  Dr. 
Manufacturer  of 
lo Single  and  Compound  Engines,  Boilers,  Steam  Pumps, 

ETC. 

2  Boxes. 1  00 

1-1' Sq.  Plate 10 

Boxing  Wheel,  Boxes  and  Fay  Shaft  10  h. 

at50c 6  00 

$6  10 
Received  payment, 
2o  WM.  JAS.  CULLUM, 

Per  Thos.  Gowan. 


$20  00 

10  00 

8  00 

6  50 

1  00 

75 

Voucher  No.  18. 

Victoria,  B.  C,  Sept.  1886. 
Schooner  "Carolina" 

Bought  of 

^°  T.   N.   HiBBEN  &  Co., 

Importing  Booksellers  and  Stationers. 

1886. 

April  27.     Stationery .  .  7  40 

1  Chart  Alaska 1  25 

1  V.  I.  Supplement 125 

May      3.     1  Alaska  Pilot 3  75 

1  Memo 25 

40              4.     1  Log  Book  ^2.75,  Nautical  Al- 
manac .75  3  50 

18.     1  Chart  North  Pacific 5  00 

1     "      Kamschatcka 1  25 

Aug.    24.     1  Chart  (for  use  in  preparing 

claims) 85 

Sept.    10.     1  Chart  (for  use  in  preparing 

claims) 175 

$26  25 

Received  Payment  26th  Sept.  1886. 
'  T.  N.  HIBBEN  &  CO. 

p.  R.  M. 

Voucher  No.  19. 

Victoria,  B.  C,  ,  1886. 

ScHR.  "Carolena" 

Bought  of 
60  Capt.  Turtle  of  Bark  "Harvest  Home." 

One  Chronometer  No.  80  a/c  for  "  Carolena  ". .      $160  00 
Paid  April  21st,  1886. 

THOMAS  TURTLE, 
With  thanks. 


16 

(Exhibit  No.  10). 

Voucher  No.  20  (a). 

Victoria,  B.  C,  May 
ScHR.  "Carolena" 

Mr.  H.  Noble, 
Importers  and  Dealers  in  Groceries,  Provisions. 


10  To  Wharfage 

••  Wood  1/2  cord  l?2.75,  1/2  Ton  coal  $4.00. 


4  50 
6  76 


Received  Payment, 


$11  26 


HY  NOBLE. 


Voucher  No.  20  (6). 
ao  Victoria,  B.  C,  May  26,  1886. 

MuNSiE  Per  "  Carolena  " 

Bought  of  Henry  Noble, 

Dealer  in 

Double  Screened  Wellington  Coal. 

May  12th.     To  Wharfage  on   2  Loads  of 

Flour $100 

,_           18.          "  4  Tons  of  Coal 28  00 

^°                        "  1/2  Cord  Cut  Wood 2  87  1/2 

"  1  Load  Potatoes 1  00 

"  1     "      Salt 1  00 

"  Wharfage  on  1  L  of  Beef..  50 

"  By  E.xpres8  Wagon 1  50 

$35  87  1/2 
Settled  by  Com.  Ace. 

Paid  HY  NOBLE. 

40 

Voucher  No.  21. 

Victoria,  B.  C.  May  22,  1886. 

MUNdlE, 

Bought  of  George  Phillips, 

Dealer  in 

Second-Hand  Stoves. 
50 

A/c  Schooner  "Carolena." 

221  lbs.  of  Castings  @  15c 33  15 

Repairs  on  Two  Stoves 3  00 

Zinc  for  cabin  floor 50 

3  1/2  joints  of  5  in.  pipe  at  50. 1  75 

Repairs  on  Deck  pipe. 50 

Blacksmith  repairs  on  one  post 86 

60  *^^  26 

Received  Payment, 

GEORGE  PHILLIPS. 


33  15 

3  00 

60 

1  76 

60 

86 

lO 


20 


30 


40 


50 


60 


It 

(Exhibit  No.  10.) 

Voucher  No.  22. 

^  fOTOHiA,  Foby.  17th,  1886. 
Schooner  "  Carolena  «Sc  Owners  " 

To  D.  Urquhart  "Surveyor." 

To  one  general  survey $7  60 

Paid 

D.  URQUHART. 

Voucher  No.  23. 

Vict.  B.  C,  May  6th,  1886. 
Schooner  "Carolena"  Dr. 

To 

Indian  Jimhey. 

4  Canoes  6  paddles  and  seal  Bladders $248  60 

Paid  May  6th,  '86. 

his 
Indian    X     Jimmey 
mark. 

per  W.  M. 
"    C.  E. 

Voucher  No.  24. 
Victoria,  B.  C,  May  19th,  1886. 
Schooner  "Carolena,"  Dr. 

To 

Wm.  Turpel. 

To  Tanks  p.  "Car" $77  50 

"  Oak  supplied 2  88 

Lumber  for  steam  box 50 

John  Clark  Labor  1  day 5  00 

Lawrence  "        "      5  00 

D.  Pratt  "        " 8  75 

Wm.  Turpel  ior  Carpen.  &  Labor 50  00 

$149  63 

Paid  22nd, 

WM.  TURPEL. 

Voucher  No.  25  (a). 

Victoria,  B.  C.  4  March  1885. 
Messrs.  Owners  op  "  Carolena  " 

To 

R.  C.  Janion,  Dr. 
Importer  and  Commission  Merchant. 

Wharfage  on  4  loads  freight. 2  00 

$2  00 

Paid 

W.  S.  SINTON, 

Wharfinger. 


18 

(Exhibit  No.  10.) 

Voucher  No.  25  (6). 

Victoria,  B.  0.,  16  Febry.  1886. 
Schooner  "^Carolena  " 

To  R.  C.  Janion,  Dr. 
Importer  and  Commission  Merchant. 

May  16. 86.    3  Tons  coarse  salt  |I12.00 $36  00 

Paid  n.  C.  JANION. 

Per  E. 
Part  of  10  tons  ordered  on  6th  Feby. 

Voucher  No.  26. 

May  19th,  1886. 
ScHR.  "Carolena" 

To  SoHR.  "Pathfinder"    Dr. 

20 

3  Tons  coai-se  Salt  15.00 $45  00 

Paid  CARNE  &  MUNSIE, 

July  7/87. 

Voucher  No.  27. 

Victoria,  B.  C,  May  l»,  1886. 
ScH.  "Carolena" 

To  Spratts  Wharpe, 
3°  The  Canadian  Pacific  Navigation  Company,  Limited. 

1100  Gallons  water 2  76 

Rec.  Payment, 

T.  WILLIAMS. 

Voucher  No.  28. 

Victoria,  B.  C,  June  3rd,  1886. 
Sch.  "Carolena" 
40  Bought  of 

A.  B.  Francis, 
Importer  and  Dealer  in 
Hardware,  Cutlery,  Crockery,  Woodenware,  Tin- 
ware, ETC. 

Tacks 20 

Brads 16 

Staples 10 

Pics&oilere 1  30 

50  

1  75 
Paid  A.  B.  F. 

Voucher  No.  29. 

Victoria,  B.  C,  May  !•!,  1886. 
ScHR.  "Carolina" 

Bought  of  Muirhead  &  Carter, 
60  Importers  and  Dealers  in 

Groceries,  Provisions,  Feed. 

To  4  demijohns  at  87  l/2c |3  58 

Reed.  Payment, 

MUIRHEAD  &  CARTER. 


^\iiti.. 


(Exhibit  No.  10.) 

Voucher  No.  30  (a), 

Victoria,  B.  C,  May  10th,  1886. 

Received  from  Munsie  &  Carne 

Five  Hundred  00/100  Dollars 

for  incidental  expenses  and  advances  to  men  on  voyage,  etc. 

1500.00 

JAMES  OGILVIE. 
10  

Voucher  No.  30  (ft). 

ViCTOKiA,  B.  C.  May  1886. 
ScHB.  "Carolena  " 

In  occt.  with  Wm.  Mussik. 

To  cash  put  on  board 500  00 

"    2Sexants"      '*     75  00 

"    1  Boat 100  00 

20  

675  00 

Voucher  No.  31. 

Victoria,  B.  C.  18th  May  1886. 
Schooner  "  Carolena " 

Bought  of 
Thomas  Shotbolt, 

Dispensing  Chemist  and  Dkugoist. 

30  _____ 

To  goods  as  per  Invoice  Rendered $i  87 

Reed.  Payment, 

THOS.  SHOTBOLT. 

Voucher  No.  32. 
jjse.OO  Victoria,  B.  C.  19th  May  1886. 

Received  from  Wm.  Munsie  for  Owners, 

Six 00/100  Dollars. 

40 Shipping  Seamen  and  articles  Sch.  "  Carolena." 

A.  N.  MILNE, 

pro.  Collector. 

Voucher  No.  33  .(a). 
Weixjh  Rithet  &  Co. 

To  Pacific  Coast  Steamship  Co.       Dr. 

For  passage  Five  Men  Ex.  Schooner  "Carolena" 

from  San  Francisco  to  Victoria 40  00 

SO  WELCH,  RITHET  &  Co. 

Paid 
Sept.  2,  1886. 

per  A.  Allen. 

Voucher  No.  33  (6). 
Welch  Rithet  &  Co. 

To  Pacific  Coast  Steamship  Co.       Dr. 

fioITor  board  of  men  ex.  Schooner  "  Carolina"  "/bile 

in  San  Francisco  as  per  attached  bills 31  72 

WELCH,  RITHET  &  CO. 

Paid, 

Sept.  2,  1886. 

per  A.  Allen. 


.  m. 


1 


wr^ 


ill 


2U 

(Exhibit  No.  10.) 

Voucher  No.  83  (6)  continued. 
John  Curtin,  Schk.  "  Carolina." 

H.  W.  Teiine«ei)  0  dollars,  board  and  lodgings  to 
Aug.  27th. 

Davis  Kussell  6  dollai's  for  hoard  and  lodgings  to 
Aug.  27th. 

112.00 
•^  Received  Paynjont, 

S.  F.  Aug.  2«l/»»  JOHN  CURTIN, 

By  M.  M.  Lran. 

Voucher  No.  88  (b)  continued. 
Intehnationai,  Hotel, 

San  Francisco,  August  27th,  1880. 
per  Crew  of  "  Carolina  " 
2o  Messrs.  Goodall  Perkins  &  Co. 

To  T.  M.  Edwards,  Dr. 

From  Aug.  18  to  27. 
To  9  days  bd.  &  room  A.  R.  McCauday  at  6.00  per 

week 7  72 

To  1  week  bd.  &  room  James  Hunger  at  6.00  per 

week 6  00 

To  1  week  bd.  &  room  Wn>.    Knox  at  0.00  per 

week 6  00 

30  119  72 

Rec'd  Payii     it  in  full 

.  M.  EDWARDS 

per  Jno.  Campbell. 
Correct  for  crow  of  "Carolina," 

A.  R.  McCAUDAY. 

Voucher  No.  34. 
Hall,  Goepel  &  Co. 
4°  Victoria,  R.  C,  -t  March,  1886. 

Received  from  Messrs.  Munsie  &  Co.  the  sum  of  Three 
hundred  forty  five  Dollars  being  premium  of  Marine  In- 
surance on  Hull  of  sealing  Schooner  "  Caroleua  "  and  on 
catch,  viz.: 

J2500  on  Hull  of  Schooner  on  a  valuation  of 

$4000 
lilOOO  on  Catch 
Policy  to  be  issued  subject  to  usual  conditions. 
HALL  &  GOEPEL, 
50  Agt. 

California  Insurance  Co. 

Voucher  No.  S5. 

Victoria,  B.  C,  May  31,  1886. 
ScH.  "Carolena." 

To  R.  Baker  &  Son,  Dr. 
Dealers  in 
6o         Flour,  Feed,  and  all  Kinds  of  Grain,  Fruits, 

Apples,  Eto. 

May  18.    1000  bl.  of  Potatoes $12  60 

Paid 
R.  BAKER  &  SON. 
June  11,  1886. 


SI 


7 

72 

6 

00 

6 

00 

ScHR. 


10 


(Kxliiltit  No.  |i).  I 
Voucher  No.  '.W  (a). 

Vi(;t()Ru,  B.  C,  Fehy.  i:i.  I'^MJ. 

C.\KOI-E.\.\  "  &  OWXKHS 

Bought  of  Cahxk  (Sc   Mlt.ssie, 

Importt'is  unci   Scalers  in 

CJnot'KKlE.s,  I'hovisionh. 


t»  Bujj.s  Kloiif  i?.s  'j:.,  '2  Tins  syrup  ^i^  lin 

|(»  111.  Tea  SM..'ii>.  .-I  II).  cocoa >-2  iT) 

30  "  Butler  iji'.t.oo,  2  (loz.  milk  i!<7  (»<• 

2  Tins  mustard  ..'»(•,  .salt  .!'.'> 

2(loz.  Y.  l*o\v(lt'r^<."),(Mt,  I/i>(i()z.  castor  oil  i? 

3  baas  moal  $!..')(»,  1/2  Lamp  glasses  .♦'.2. . 
1/2  lb.  Hojis  .2."i,  l(»  bags  potatoes  *  1 1.2'.. . 
60     "   Onions  iji2,<M»,  Carrots  .75 

20  2  Cases  CohI  Oil  ijsH.no,  Vinegar  .2.'> 

1/2  do/,.  Tomatoes  *!.2.'..  1/2  doz.  corn  iH.ii5 


1/-^ 


letln  fiu 

r.  7r» 

hi  00 

!(.5 

0  (m; 

2  12 

11  50 

2  7S 

H  •_>:) 

2  SU 


soap  .»'((»,  Bucket  .40 |  oo 


♦<i7  12 


Paid  Feby.  17tli/s(l, 

CAHNE  &  MUNSIE. 


Vouclier  No.  80  (h). 
30                                     Victoria,  B.  C,  May  18th,  18%. 

SCHR.   "  CaROLKNA"  &  OWNEKS 

Bought  of  Cahxe  &  MuNSiE, 

Importers  and  Dealers  in 

Groceries.  Provisions. 

0.  D.  Ladd  a/c  Wads  Primers,  etc.  fi.3  lo 

10  sacks  potatoes 1  25      12  .50 

15  Bbls.  Flour 5  00      75  00 

40 100  lbs.  oatmeal 5  00 

100   "    corn  meal 4  oo 

5  Mats  rice 2  50      12.50 

3  sks.  Beans  180  lbs 4  00        7  20 

5  Boxes  P.  Bread 4  50      22  .50 

2  Tubs  Butter  135 30      40  50 

3  Kegs  syrup  15  galls 4  00       12  00 

2  Bbls  sugar  500  lbs ." (»8      44  80 

20  lbs.  Tea  35c.  7.00.  50  lbs.  Coffee 

30c.  15.00 22  00 

5025  Box  barley  2.00 2  00 

1  Box  Split  Peas,  50  lbs 4  oo 

50  lbs.  dried  peaches ifi        8  00 

2  galls,  vinegar 1  75 

1  doz.  pickles 3  oo 

50  lbs.  currants 10        5  00 

5     "    cocoa  2.25  30  lbs.  raisins...  6  00        8  25 

I  case  milk  4  doz 3  50      14  00 

1  doz.  asst'd  spice 2  25 

3  lbs.  cream  tartar  1.50,  5  lb.  carb. 

^         «oda 75        2  25 

1  sk.  Fine  salt  50  lbs.  1.00,  1/2  box 

salt  water  soap,  3.75 475 

3  cases  coal  oil 375      1125 

5  lbs.  hops  2.50,  1  Tin  matches  3.00  6  50 

3  brooms  150,  2  boxes  codfish 6  00        7  50 


jf"- 

9 

u 

m,:- 

10 


(Exhibit  No.  10.) 

5  lb.  candles  1.50,  25  lb.  onions  50.  2  00 

50"  lard  14c 7  20 

1/2  doz.  Currie  1.20,  wash  soda. 25  145 
1        "    canned  peaches 4. 00,  lease 

tomatoes 4  50        8  50 

1  doz.  canned  corn 150 

$421  25 

Paid  Sept.  1/86. 

CARNE  &  MUNSIE. 


Voucher  No.  37  (a). 

Victoria,  B.  C,  May  29th,  1886. 
Schooner  "Carolena"  &  Owners 

Bought  of  Beak  &  Co., 
20  Wholesale  and  Retail  Butchers. 

May  18.    To  5  Bbls.  C.  Beef 55  00 

"2      "    C.  Pork  16 32  00 

19.      "   7      "    beef 6  08 

$93  08 
Paid 

BEAK  &  CO. 

per  J.  M. 
30  

Voucher  No.  37  (6). 

Victoria,  B.  C,  Feby.  15,  1886. 
Schooner  "  Carolena  " 

Bought  of  Beak  &  Co., 
■Wholesale  and  Retail  Butchers. 

Feby.  5.     36  1/2"  Meats  8c 2  92 

40          11.     Meats.... 50 

13.     12'  meats  96  1  Bbl.  corned  beef  10c 10  96 

2  Reams  paper 1  70 

15.     40''meats 3  20 

$19  28 
Received  Payment, 

Feby.  16th,  1886. 

BEAK  &  CO., 

Per  B. 
SO  

Voucher  No.  38. 

July  13th,  1886. 
ScHR.  "Carolena"  &  Owners, 

To       Colonial  Hotel,        Di: 

Boarding  of  crew 8173 

600  lbs.  Hams  at  13c 78  00 

60682  "     Bacon  "  lie 75  02 

$234  75 
Received  Payment 

For  COLONIAL  HOTEL, 

A.  J.  Bechtel. 


•24 

(Exhibit  No.  10.) 

Voucher  No.  3J>. 

Victoria,  B.  C,  Feb.  15,  1886. 
ScH.  "Carolena" 

Bought  of  Nesbitt  &  Co., 
Crackek  Bakers. 

To  40  Boxes  Pilot  Bread 92  00 

,„  Reed.  Payment, 

'°  '  NESBITT  &  CO. 

Voucher  No.  40. 

Victoria,  B.  C.  May  16th,  1886. 
Schooner  "  Carolena  "  Dr. 

To  Ah.  Hook. 

To  Vegetables ^10  90 

Received  Paj'ment, 
20  (Chinese  signature) 

Voucher  No.  41. 
Victoria,  B.  C,  May  19th,  1886. 
Messrs.  Munsie  &  Co., 

Dr.  to  Robert  Ward  &  Co. 
Commission  Merchants  and  Importers,  Shipping  &  In- 
surance Agents. 

30 1(10  lbs.  D.  Min  Kegs  Powder  at  70  cts 70  00 

25  "     T.  do  at  45  cts 11  25 

81  25 
Less  5^ 4  06 

Paid  77  19 

ROBERT  WARD  &  CO. 

A,  R.  Langley 

21/7/86. 

40  

Voucher  No.  4'2. 
ScHR.  "  Carolena"  &  Owner.s 

To  Gutmann  &  Frank,        Dr. 
Commission  Merchants^ ^ 

May    To  Mdse.  as  per  bill  rendered, 

18      lOOctgs ---  =^25 

200     " -  6  50 

Oil 25 

50            1  set  reloading '♦^25 

1  M  Primers 2  (lO 

1(5  25 

2  boxes  Brass  shells -  -     4  00 

2      "      wads 75 

100  40/60  mulin 3  25 

'  8  00 

24  25 
Less  300  "  ctgs  "  to  be  retd ...  9  75 

60  

14  50 

July  2nd/86 

Rei-d.  Payment, 

Pro  GUTMANN  &  FRANK, 

T.  Fish. 


L 


I 


1     1  ^ 

»!', 

?l! 

m 


'  11 


M 


M 


M 


II-;!  n 


'-'4 

(Exhibit  No.  10.) 

Voucher  No.  43. 
Duplicate 

Victoria,  B.  C.  llth  Feby.  1886. 
ScHB.  "Carolena"  &  Owners 

Bought  of  The  Hudson  Bay  Company, 

1  sk.  28 lbs.  A. A. A.  shot 61/2   182 

*°  1  keg  F  F  Powder 5  (»0 

2  M.  Military  Ci uncaps 1  50    3  oo 

2  doz  5  1/2-in.  knives ..     1  75     3  50 

$13  .32 

Paid, 

H.  B.  CO., 

H.  A.  L.    M. 

Voucher  No.  44. 
20  May  12/86. 

ScHR.  "  Caroi.exa  " 

TuSvK.  "Pathfinder,"        Dr. 

6  shot  guns  &  appurtenance.s ^HO  00  8300  00 

4  rifles 3(»  00     120  00 

1000  lbs.  sliot sc  80  00 

1600  00 
Paid  July  7/87 
30  '  CARNE  &  MUNSIE. 


40. 


Voucher  No.  45. 

Duplicate 

Victoria,  B.  C.  5th  November,  1894. 
Messrs.  Carne  &  Munsie 
To 

Drake,  Jackson  &  Hklmcken. 


1886. 
Aug. 


Oct. 


50 


«( 


1886. 
6oNov. 


23 


12 


13 

18 
19 

20 


Re  "Carolena." 

Attg.  taking  evidence  of  sea- 
men as  to  seizure 

Instructions  for  and  drawing 
Power  of  Attorney 

Attg.  you  receiving  instruc- 
tions for  preparation  of  state- 
ment of  damages  for  seizure 
of  schooner y 

Making  statement  of  losses 
aud  settliug  same  and  copy. 

Declaration  and  two  copies... 

Attg.  Mr.  Muusie  on  his  sign- 
ing Declaration 

Sent  same  to  Minister  of  Ma- 


rine. 


Re  "Clark." 

1 7  Instructions  to  defend 3  00 

18  Attg.  you  herein 2  50 

20    Praecipe    and    attg.   to   enter 

appearance 1  90 

Paid 30 

Demand  for  security  for  costs.  1  00 


50  00 


H^. 


22 


24 


10 


1888. 
August  18 


25 

(Exhibit  No.  h>.) 

Instructions  to  apply  for  se- 
curity forcosts 1  00 

Summons  and  paid 80 

Copy  and  service l  00 

Affidavit  of  service 1  00 

Instructions  to  counsel 1  00 

Atty.  on  return  of  motion  Or- 
der made 5  00 

Order.     Paid  for  copy 110 

Service  on  Theo.  Davie 1  OO 

Attg.  rec't  Notice  of  Discon- 
tinuance         50 


21  10 


$n  10 
Paid  7  N0V./94. 

20  DRAKE,  JACKSON  &  HELMCKEN. 

E.  &  0.  E.  AC 

Our  Bill 

D.  J.  &  H. 


-'J 


Voucher  No.  Hi. 
Schooner  "  Carolgna  "  and  Owners. 

To 
30  A.  L.  Belyea,    Dr. 


40 


1896. 

Oct.  1.    To  professional  services  re  seizure   of 
"Carolena"  in  Bebring  Sea  in  1886, 

and  re  claim  for  damages  therefor $760  00 

My  Bill. 

A.  L.  BELYEA. 

Less 
Allowance  for  Bill  of  Di-ake  &  Jackson 71  10 

$678  90 


h: 


Voucher  No.  47. 
Received  Sitka,   Alaska,   22nd  Dec.  1886,  of  William 
Munsie  Five  hundred  dollars,  the  same  being  in  full  for 
all  costs  and  services  in  re  Munsie  et  al.  vs.  the  Govern- 
ment of  the  United  States,  in  the  matter  of  the  seizure  of 
50Schr.  "Carolina." 

WILLOUGHBY  CLARK. 


Voucher  No.  48. 

February  23d,  1888. 
Received  from  William  Munsie 

,  One  hundred  and  fifty  two Dollars 

"°in  full  for  services  and  expenses  attending  to  claim  of 
Schooner  "  Carolena  "  at  Ottawa. 


$152  00. 


J.  D.  WARREN. 


ft 


tii 


10 


26 

(Exhibit  No.  11.) 

Voucher  No.  49. 

Victoria,  B.  C,  October  1886. 
In  the  matter  of  the  Br.  Schr.  "Carolena"  and  the 
Government  of  the  United  States  by  whose  direction  the 
Baid  vessel  was  seized  and  detained. 
I  claim  the  sum  of  Two  hundred  and  fifty  dollars  for 

personal  services  and  attention  to  this  matter $250 

W.  MUNSIE. 


V^oucher  No.  5(». 

In  the  Matter  of  the  British  Sch'r  "  Carolene  " 

seized  and  detained. 

William  Munsie  claims  that  having  been  the  owner  of 
the  said  vessel  he  is  entitled  to  receive  payment  for  her 
20  Hull  Four  Thousand  Dollars. 

$4,000  00 


EXHIBIT  No.  11  (0.  B.),  CLAIM  No.  1. 

(1.) 

DISTRICT    OF   ALASKA, 

U.  S.  Marshal's  Office, 

3°  Sitka,  November  1st,  1888. 

Messrs.  Munsie  &  Co., 

Victoria,  B.  C. 
Gentlemen: 
I  have  the  honor  to  inform  you  that  I  have  received  from 
the  Hon.  the  Attorney-General  of  the  United  States  orders 
to  release  to  the  rightful  owners,  the  Schooner  **  Carolena," 
her  tackle  apparel  and  furniture,   as  she  now  lies  at  the 
harbor  of  Ounalaska  in  the  District  of  Alaska.     The  order 
40  on  the  Deputy  Collector  of  Customs  at  Ounalaska  to  de- 
liver to  you  the  property  is  herewth  enclosed. 
Very  respectfully, 

(Sd)        BARTON  ATKINS, 
U.  S.  Marshal. 


SO 


(2.) 

DISTRICT    OF    ALASKA, 

U.  S.  Marshal's  Office, 

Sitka,  November  1st,  1 888. 
E.  H.  Wahl,  Esq., 

U.  S.  Deputy  Collector  of  Customs, 
Ounalaska,  Alaska. 
Sir: 
You  are  hereby  authorized  and  directed  to  deliver  to  the 
rightful  owners,  Messrs.  Munsie  «&Co.  of  Victoria,  B.  C., 
5q the  seized  Schooner  "Carolena,"  of  Victoria,  B.  C,  her 
tackle  apparel  and  furniture,  as  she  now  lies  in  the  harbor 
of  Ounalaska. 

(Sd)        BARTON  ATKINS, 
U.  S.  Marshal. 


i^'-l 


27 

(Exhibits  Nos.  12  and  13.) 

EXHIBIT  No.  12  (0.  B.).  CLAIM  No.  t 

RECEIPT. 

CS5  Fur  seal  skins  ) 

12  Pup  skins         >  In  Kench  in  Go's  ware- house. 
1  Hair  seal  skin  ) 
1  Yawl 
10     4  Canoes. 

1  Kedge  anchor 

4  Gaff's  (for  sealing) 

2  Spears. 

;?  Coils  lines,  small  2  1/2  in  manilla Poor 

1  Coil  line,  small,  4  in.  manilla " 

Provisions  and  Utensils, 

i:'.  Bags  flour  (50  lbs.  each) " 

2  Baking  pans " 

2  Boxes  bread " 

20     4  Tin  plates " 

1  Tea  pot " 

1  Box  old  paint Useless 

Received  from  Capt.  C.  A.  Abbey,  Com'dg  U.  S.  R.  M. 
Sir.  "  Corwin  "  the  above  mentioned  property  which  I  will 
liold  until  it  is  demanded  by  legal  ai:<^hority. 

I   ANDERSON. 
Deputy  U.  S.  Marshal. 
Oonalaska,  Alaska, 
30  August,  14th,  1886. 

(Endoised)-Exhibit  P.     A.  T.  L. 

JOHN  C.  CANTWELL, 
3d  Lieut.  U.  S.  R.  M. 


i"Kl 


J' 
I  I 


,1 


ini 


ii    Fa 


EXHIBIT  No.  18  (O.  B.),  CLAIM  No.  1. 
INVENTORY. 

40     Inventory  of  Articles  on  board  the  schooner  "  Carolina  " 
of  Victoria,  B.  C,  seized  by  the  U.  S.  R.  M.  Str.   "  Cor- 
win." for  violation  of  Sections  1955  and  195C  R.  S.,  in 
killing  seal  in  the  waters  of  Alaska. 
1  Schooner,  the  "Carolina"  of  Victoria,  B.  C. 

1  Foresail - ..Fair. 

1  Mainsail " 

1  Jib " 

1  Staysail  boom  topping  lift Poor 

J  Main  throat  halliards " 

^     1  Main  peak  halliards " 

1  Fore  throat  halliards " 

1  Fore  peak  halliards " 

1  Peak  down  haul.  Fore — " 

1  Peak  down  haul,  main " 

1  MainSheet " 

1  Foresheet " 

1  Jibsheet " 

1  set  wheel  ropes " 

f^  2  Tanks  for  water Good. 

^  4  Ballstwine --.-     " 

1  Package  lamp- wicks " 

1  Locker  asst.  medicines  (partly  filled  bottles) 

1  Anchor  lamp 

2  Pieces  cotton  canvas. 
1  Locker  old  junk. 


-h  ! 


.  4\     I 


t  ^" 


M  1 


liH 


i 

Pill 


II 


»8 

(Exhibit  No.  13.) 

2  Ancliors 

1  Smoothini;  plane 

1  Set  side  lights 

2  Lamps Fair 

1  cross  cut  saw 

1  Flash  light Poor. 

I  Monkey  Wrench " 

io:2  Water  barrels " 

1  Ship'sbell Fair 

1  Barometer " 

1  Log  slate " 

2  Coffeepots " 

2  Clocks " 

10  Bars  soap .  " 

1  Chart  North  Pacific " 

1  Chart  Barclay  Sound... " 

1  Chart  Clayoquot  Sound " 

20  1  Mami  glass " 

1  Chart  Aleutian  Islands " 

1  Butterdish " 

I  Ship'scopper " 

1  Screw-driver Poor 

3  Main  gaff  and  boom  garkets " 

1  Hammei'.. - *' 

2  Oil  Feeders -  " 

2  Gaff  blocks,  main "     . 

2  Gaff  blocks,  fore " 

1  Grindstone " 

1  Shovel.  " 

8  Row-locks " 

5  Sprit  sails " 

1  Pair  sweeps " 

6  Paddles " 

4  Pail's  oars " 

1  Chronometer  (Thomas  Hewitt  #807) 

1  English  Ensign " 

2  Cables Fair 

40  6  Oompasses,  1  spirit,  5  dry 5  fair,  1  good. 


30 


fU. 


29 

(Exhibits  Nos.  14  and  16). 
EXHIBIT  No.  14  (O.B),  CLAIM  No.  1. 

CERTIFICATE  OF  SURVEY. 


Name  of  Schooners, 
■•  Ctrolena." 


Port  of  Inteoiled  Registry. 
Victoria  Britiith  Columbia. 


Official  Number  if  there  has  been  any  formar 
Registry. 


Wlieilier  British  or  I  Whether  sailing  or  a  I     Where  built.     I      When  built. 
Fdi'i'ign  Built.        |         steam  vessel,         |  Rebuilt:      Vic- 
fQ  I  toria  B.  Culum-     Rebuilt      April 

liritish.  I  Sailing.  |    bia.  |  1884. 


Name   and   address  of 

Builders, 
John  J.  Robinson,  Vic- 
toria B.  C,  Rebuilder. 


Kuniiid-  of  Dt'cks. 
XuiiiImt  of  mast. . 

KiRi-MMl 

Stern 

Frsnifwork 


,  One  A  a  cabin  deck. 
..Two. 
.  Schooner. 
..Elliptic. 
.Wood. 


Feet.  Tenths. 
Length  from  fore  part  of  stem  under  the  bow- 

sprit  to  the  aft  side  of  head  of  stern  post. . .       R5  8 

Main  breadth  to  outside  ol  pUnk 16  6 

Depth  ill  hold  from  Deck  to  ceiling  amidships        n  6 


PARTICULARS  OF  TON.NAOE, 


GroHS  Tonnage. 

I'ndcr  tonnage  Deck 2«  06 

Poo|i  or  cabin   1.86 

•'-'Hu  (ithpr  closed  in  spaces. 

(iiufS  Tonnage 27.S6 


No.  of  Tons. 


27,36 


I  the  undersigned  Walter  Walker  Acting  Measuring  Surveyor  of  Ship- 
ping for  the  Port  of  Victoria  B,  C.  having  surveyed  the  above  named 
schooner,  Hereby  Certify  that  the  above  particulars  are  true,  and  that  her 
name  is  marked  on  each  of  her  bows,  and  her  name  and  the  Port  of  Reg- 
istry are  properly  marked  on  a  conspicuous  part  of  her  stern  and  a  scale 
of  feet  marked  on  each  side  of  her  stern  post  in  manner  directed  by  the 
Meicliants  Shipping  Act  1873. 

)        Dated  at  Victoria,  British  Columbia  this  10th  day  of  April  1884, 

Signed  W.  WALKER, 

Acting  Surveyor, 


40 


50 


EXHIBIT  No.  16  (G.  B.),  CLAIM  No.  1. 

Reports  and  Extracts  from  Logs. 

The  Western  Union  Telegraph  Company. 

Received  at  Corcoran  Building,  S,  E.  Cor.  15th  &  F.  Sts. 

Washington,  August  18,  1886. 
Dated  San  Francisco,  18 
To  The  Secretary  of  the  Treasury, 

Washington,  D.  C. 
I  am  requested  by  Captain  Abbey,  of  "  Corvviu,"  to  in- 
form you  that  he  seized  the  American  schooner  "  San 
Diego,"  and   the  Enghsh  schooners   "  Thornton,"   "  On- 
ward" and  "Carolena,"  near  Seal  Island. 

GEORGE  R.  TINGLE, 

Treasury  Agent. 


Go 


Office  of  Special  Agent  of  the  Treasury  Dep. 
San  Francisco,  Aug.  18,  1886. 
Hon.  C.  S.  Fairchild, 

Acting  Secretary  of  the  Treasury 

Washington,  D.  C. 
Sir/— 

On  my  arrival  at  Ounalaska  I  met  the  revenue  cutter 
"  Corwin,"  Captain  Abbey,  in  charge  of  four  schooners, 
viz.,  "San  Diego,"  "  Onward,"  "Thornton"  and  "Caro- 
lena," the  last  three  English  from  Victoria.  Captain 
Abbey  has,  unfortunately,  been  short  of  coal  or  he  would 
have  made  more  seizures.  He  has,  however,  been  very 
active  and  done  good  work.  I  urged  him  to  remain  if 
he  could,  cruising  around  the  Island  until  the  Bear  arrived 


■: 


I 


il' 


80 


(Exhibit  No.  15.) 

to  relieve  him.  If  he  should  be  obliged  to  leave  the  waters 
earlier  on  account  of  the  non  arrival  of  the  coal  vessel, 
which  up  to  our  leaving  Ounalaska  had  not  been  heard  of, 
it  will  be  unfortunate  as  the  fleet  of  schooners  will  play 
havoc  among  and  with  the  seals.  If  the  cases  now  under 
seizure  are  convicted,  the  marauding  will  be  broken  up;  if 
not,  seal  life  will  be  seriously  assailed  next  year  by  a  larger 
I o  fleet  of  vessels. 

I  earnestly  hope  that  no  efforts  will  be  spared  to  convict 
Captain  Abbey's  prisoners,  as  he  has  certainly  done  his 
part  well.  I  telegraphed  you  as  per  his  request,  also  of 
my  own  arrival. 

I  am,  very  truly 

GEORGE  R.  TINGLE 

Treasury  Agent. 

U.  S.  Revenue  Steamer,  "Cokwin." 

20  Ounalaska,  August  7,  1886. 

Tlie  Honorable 

The  Secretary  of  the  Treasury. 
Sir/— 

1  respectfully  report  the  return  here  of  this  vessel  under 
my  command  on  August  2,  1SS6,  after  a  cruise  to  the  seal 
Islands  and  their  vicinity,  in  pursuance  of  department  in- 
structions of  May  28.  1886  (P.  B.)    *    *    * 

On  Sunday,  August  1,  1S8»!,  while  cruising  about  sixty- 
five  miles  s.  e.  of  St.  George  Island,  the  British  schooners 

30 "Thornton"  and  "Carolena"  were  found  with  boats 
down  engaged  in  killing  fur  seal.  As  each  boat  was  taken 
in  the  act,  and  had  freshly  killed  seal  on  board,  the 
schooners  were  seized  for  violation  of  sec.  1956,  R.  S.  and 
taken  in  tow  to  Ounalaska  liarbor. 

At  5,  A.  M.  on  August  2,  1886,  the  British  schooner 
"  Onward  "  was  spoken,  at  a.  point  about  120  miles  s.  e.  of 
St.  George  Island,  and  as  the  master  reported  that  he  was 
sealing  and  had  taken  about  400  skins  in  the  water  near 
where  I  found  him,  I  caused  the  seizure  of  the  vessel  for 

40  violation  of  Sec.  Ilt56  R.  S.,  and  took  her  in  tow  also. 

As  each  of  these  vessels  had  from  eight  to  ten  breech- 
loading  guns  and  ammunition  for  the  same,  without  per- 
mit, as  piovided  by  law,  I  seized  them  for  violation  of  Ex- 
ecutive Order  of  July  3,  1875,  and  proceeded  toward 
Ounalaska,  reaching  that  port  on  the  night  of  August  2, 
1886,  where  I  anchored  and  secured  the  seized  vessels,  tak- 
ing the,arn)s  and  amnmnition  on  board  the  "  Corwin  "  for 
safety  and  safe  keeping.  I  have  now  four  schooners  (in- 
cluding American  schooner  "San  Diego")  with  over  2000 

CO  seal  skins  and  some  other  propertv  on  my  hands. 

I  will  retain  on  board  the  "Corwin"  the  remaining 
masters  and  mates,  whom  I  will  hold  as  principals  until  I 
can  reach  Sitka  and  deliver  them  in  charge  of  the  Court. 

The  British  vessels  I  will  lay  up  securely  within  the 
inner  harbor  of  Ounalaska,  placing  the  sealskins  in 
"kench"  on  the  Alaska  Commercial  Company's  ware- 
house and  under  seal.  The  other  property,  as  salt,  boats, 
sail  &c.,  I  will  have  fully  inventoried  and  put  in  a  place 
60  of  safety  and  deliver  the  same  on  charge  of  Deputy  tJ.  S. 
Marshal  Isaac  Anderson  at  this  place,  except  the  firearms 
and  ammunition,  as  above  eimmerated,  which  I  will  retain 
on  board  the  "  Corwin."    *    *    * 

Your  Obedient  Servant 

C.  A.  ABBEY, 

Capt.  U.  S.  R.  M. 


81 

(Exhibit  No.  15). 
U.  S.  Revenue  Steamer  "Cobwin." 

Sitka,  Alaska,  September  3,  1886. 
Hon.  Secretary  of  the  Treasury, 

Washington,  D.  C. 
Sir/- 
I  have  the  honor  to  report  the  arrival  here  of  the 
'^revenue  steamer  "  Corwin  "  under  my  command  as  of 
August  24,  1886,  at  5  P.  M.     *     *     * 

Upon  arriving  here  I  reported  my  seizures  to  the  U.  S. 
District  Attorney,  who  had  been  advised  in  advance  by 
the  arrival  of  the  schooner  "San  Diego,"  on  August  23rd, 
and  laid  informations  against  the  masters  and  mates  of 
the  seized  vessels  for  violation  of  section  1956,  R,  S., 
whereupon  they  were  removed  from  the  "Corwin"  and 
taken  mto  custody  by  the  U.  S.  Marshal.  All  were 
arraigned  at  a  special  session  of  the  U.  S.  District  Court, 
"°  Judge  Lafayette  Dawson,  and  the  masters  and  mates  of 
the  British  schooner  "Thornton"  and  the  American 
schooner  "San  Diego"  were  convicted,  the  former  by 
a  jury,  the  latter  by  the  Court,  and  sentenced  to  fine  and 
imprisonment.  The  other  two  criminal  trials,  of  the 
"Onward"  and  "Carolena"  parties,  will  come  on  as 
soon  as  a  new  jury  can  be  obtained.  The  admiralty  cases 
I  have  not  fully  decided  how  to  proceed  with.  There 
may  be  a  doubt  as  to  the  jurisdiction  of  the  Alaska  Court 
in  their  regard,  and  T  will  endeavor  to  settle  it  before 
^°  proceeding  at  all.     *    *    * 

Very  respectfully,  Your  Obedient  servant 
C.  A.  ABBEY, 

Capt.  U.  S.  R.  M. 


m 

i'i  ■■' 


U.  S.  Revenue  Steamer  "  Corwin." 

Astoria,  Oregon,  Sept.  22,  1886. 


'^^  Hon.  Secretary  of  the  Treasury, 


Sir, 


Washington,  D.  C. 


I  would  respectfully  report  the  arrival  here  on  the 
22nd  iust.  of  the  revenue  steamer  "Corwin"  under  my 
commaud,  from  Sitka,  September  10,  via  Nanaimo,  B.  C, 
September  17th  Port  Townsend,  W.  T.,  the  18th,  and  Se- 
attle, W.  T.,  the  20th. 
Referring  to  my  letter  of  the  3rd  instant  from  Sitka,  I 
50  would  state  in  continuation  that  I  remained  at  Sitka  in 
continuous  attendance  at  Court  up  to  the  date  of  my  de- 
parture. The  masters  and  mates  of  the  seized  sealers 
were  all  criminally  convicted  and  sentenced  to  various 
terms  of  imprisonment  and  fines. 

As  it  would  have  been  impracticable  for  the  "  Corwin  " 
to  remain  at  Sitka  till  the  October  term  of  court  when  the 
libel  cases  were  to  come  up,  full  depositions  were  made  by 
myself  and  officers  in  the  suits  against  the  vessels  "San 
Diego,"  "Thornton,"  " Carolena "  and  "Onward." 
60  I  have  the  honor  to  be. 

Your  Obedient  Servant, 

C.  A.  ABBEY, 

Capt.  U.  S.  R.  M. 


^ 


1 


MM  ■ 


MM 


32 


(Exhibit  No.  15). 

Extracts  from  Loo  of  Revenue  Steamer  "Corwin" 

Season  80. 
St.  Georgk  Island,  Sunday,  Aug.  1,  1886. 
At  4.45  p.  M.  Htojiped  and  picked  up  boat  with  five  men, 
containing  8  seal  and  rifles  belonging  to  schooner  "Thorn- 
ton," of   Victoria.     4.45  ahead,  picked  up  second  boat. 

,Q5.Si(t  ahead.  ■*  *  *  fi  to  8  p.  m.  as  per  cols,  boarded 
"Thornton,"  picked  up  two  more  boats  containing  seal, 
seized  tlie  schooner  and  took  her  in  tow.  7.30  stopped 
and  seized  schooner  "Carolena,"  of  Victoria.  7.40  ahead. 
8.  stopped  to  pick  up  four  boats  belonging  to  "Carolena." 
Took  all  arms  and  ammunition  on  board  the  "Corwin." 
*  *  *  8  to  midnight  as  per  cols.  0.05  having  taken  up 
fourth  boat  and  last,  placed  officers  on  each  schooner, 
steamed  ahead  with  both  schooners  in  view.  1.30,  set  jib 
and  main  stay  sail.     Sea  highly  phosphorescent.    Position 

2Q of  "  Thornton  "  when  seized,  168.25  west,  55.45.  n.  lat. 
Position  of  "  Carolena  "  when  seized,  168.10  w.  55.30  N. 

Bering  Sea,  Monday,  August  2,  1886. 
*  *  *  3.45  A.  M.,  sighted  a  schooner  N.  W.  and  W. 
3/4  W.  Stood  for  her.  4.10  sighted  a  schooner  to  Sd, 
but  found  it  impractiable  to  pursue  her.  Stopped  her  in 
all  sail.  Spokti  Schr.  "  Onward,"  of  Victoria,  master  ac- 
knowledging catching  seals  in  Bering  Sea.  Seized  her. 
5.40  ahead,  with  schooner  in  tow.  *  *  *  Stood  into 
JO  the  harbour  of  Ounalaska.  8  to  midnight  as  per  cols. 
8.40  cast  off  from  schooners  and  anchored  them.  8.50, 
made  fast  to  wharf  at  Ounalaska  took  all  boats  belonging 
to  schooners  on  shore.  Position  of  schooner  "  Onward  " 
when  seized  55  10'  N.,  Long.  167  40'  W. 

Ounalaska,  Aug.  7,  1886. 
Released  from  custody,  19  men  and  sent  them  from 
schooners  "Carolena"  and  " Thornton,"  on  board,  str. 
"  St.  Paul,"  for  transportation  to  San  Francisco,  with  ra- 
40tions  for  twelve  days  (245),  it  being  impractiable  to  detain 
them  longer.  Daniel  Munroe,  n)aster  of  the  "Onward," 
and  M.  Guttormsen,  Master  of  Schooner  "Thornton," en- 
tered a  written  protest  against  their  vessels  and  cargo, 
stating  that  they  were  ignorant  of  the  law  and  innocent 
of  wrong  intention. 


Ounalaska,  Tuesday,  Aug.  3,  1886. 

*  *  *  The  following  comprises  the  amount  of  powder 
and  ammunition  taken  from  the  schooner  "Thornton." 
5° "Carolena"  and  "Onward":  "Thornton."  four  rifles, 
six  shot  guns,  420  rounds  of  fixed  ammunition  for  rifles, 
857  rounds  fixed  ammunition  for  shot  guns,  100  lbs. 
powder  and  one  keg  partly  filled." 

"  Onward  ":  13  shotguns,  one  rifle,  1  can  powder  partly 
filled,  1/2  bag  buck  shot,  3  small  bags  containing  caps,  etc. 

"Carolena":  4  rifles,  one  musket,  5  shot  guns,  99 
rounds  shot  gun  ammunition,  24  rounds  fixed  ammunition 
for  rifles. 


6o 


Ounalaska,  August  4, 1886. 
*    *    *    Vessel  detained  in  port  watching  the  seized 
vessels,  there  being  no  wharf  room  to  discharge  their  seal 
skins,  a  guard  from  the  "  Corwin  "  on  each  vessel. 


83 


(Exhibit  No.  i:.). 

Olxai.aska,  AiigiiHt  !>.  18S»t. 
*     *     *     Bmngiit   from   scliooiuT   "Canilciia"    14   \/2 
hags  shot,  1/2  nap;  IjiiIIpIh.  4'»  hags   wada,    ;U!t   riflo  cart- 
ridges, 72  shot  gun  cartridges,   i:t  huxos  pcrcussiDii  capr, 
ahoiit  CO  Ihs.  powder. 


|:« 


10 


OrXAI.ASKA.   August  11.    ISMri. 

*     I'lit  211  Indians  from  scliooiipr  "  Onward  "'  and 
2  from  "  Thornton  "  on  board  "  San  Diego  "'  for  transpor- 


tation to  Sitka.     11. IT)   A.  M.    schr.    "San 


Diego, 


with 


Quartermaster  \Vill)ar  in  cliarge  loft  tiie  iiarhor  vvitli 
orders  to  nrocot'd  to  Silka  and  repoi  t  to  tiie  Mar.siiril  sliouid 
he  arrive  before  th«>  "  Corwin."  Hroiiglit  on  board  cliro 
nometers  from  schooner  "  Onwiird,"  "  Caroleiia '"  and 
"Thornton."  Kemoved  4(>'j  .seal  skins  from  schi'.  "On- 
ward," and  stowed  tiieni  in  A.  0.  Co.'s  wareiiouse  for 
safety  and  preservation.  Taking  inventory  of  property 
on  schr.  "Onward."  Captain  and  mates  of  scins.  "On- 
ward," Carolena  "and  "Thornton  "  came  on  lioanl,  served 
them  a  ration  each. 


OUXALASKA.   August   12,    ISSC. 

At  i)  took  schooner  "Onward"  in  behind  E.xpedition 
Island  and  moored  her  in  seven  fathoms  of  water,  25 
fathoms  chain  on  each  anchoi'.  Brougiit  .schr.  "Caro- 
lena" alongside  wharf,  cresv  discharging  seal  skins. 
3oStored  68.5  seal,  J2  pup  skins  and  1  liair  seal  skin  in  Com- 
pany's warehouse  for  safety  and  ))rcservation.  Took  in- 
ventory of  property  on  "Carolena."  unbending  sails  and 
storing  them  below.  At  3  finished  inventory,  there  being 
too  much  wind  to  tow  her  with  boats,  anchored  her  in 
stream.  Brought  on  board  25  lbs.  powder  found  in  hold 
of  "Carolena." 


OuNALASKA,  Saturday  Aug.  14,  8tl. 

*  *    *    Delivered  to  U.  S.  Deputy  Marshal  Anderson, 
408chrs.    "Thornton,"   "Carolena'     and  "On^^ard,"  with 

inventory  of  property  on  each  schooner,  also  seal  skins 
as  per  inventory. 

At  Sea,  PACiFir  Ocean,  Aug.  21,  86. 

*  *  *  Master  of  schooner  "Carolena"  entered  pro- 
test against  the  seizure  of  this  vessel,  stating  that  he  was 
innocent  of  violating  the  U.  S.  laws  in  killing  fur  seals  in 
Alaska  waters. 

50 

Sitka,  August  25,  1886. 

Delivered  to  the  custody  of  the  U.  S.  Deputy  Marshal 
the  following  prisoners: 

Daniel  Munroe,  master  schr.  "Onward,"  Victoria. 
James Ogilvie,  master  schr.  "Carolena,"  Victoria. 
James  Blake,  mate  "Carolena." 
Hans  Guttermunsen  (Guttormson),  master  "Thorn- 
ton." 
Henry  Norman,  mate  "Thornton." 
6o        John  Johnson,  mate  "San  Diego,"  San  Francisco. 

Patrick  O'Neill,  seaman,  "  San  Diego,"  San  Francisco. 

Sitka,  August  27,  1886. 

*  *  *  Delivered  to  U.  S.  Marshal  Atkins  arms  and 
ammunition  taken  from  seized  schooners. 


II 


34 

(Exliiltit  No.  15). 

Sitka.  Aiinii^t  :i(i.  IRHd. 
*     *    *    ComniaiKliiignrtitfi' 1-ts.  h'luKlfs,  (jint  well  and 
Pilot    Donglnss  tt'stitictl    in    tlif    iiiso   of    tlio    Hcliooner 
"Tliornton." 

Sitka,  Auk.  ;iI,  Ihhi. 
Master  and  male  of  the  "Thornton"  were  found  fjuilty 
•  oby  a  jury;  tli»i  roriu<'r  Wiis  srntencfd  to  thirty  days  iin- 
prisonnifnt  and  .^.^lo  tinr;  tii(f  hitter  tiiirty  days  imprison- 
ment and  !?.'!(tn  line.  Delivered  io  V .  S.  MarHhal  f^irton 
Atkins  inv»'ntories  of  s(hr.«.  •"Thornton."  "Carolona," 
"Onwaid"  and  "San  l)iej;o."  their  caig"*'^.  tackle  and 
outfit,  and  received  rec  eipts  for  same  from  him.  Vessel 
detained  in  port  awaiting  action  of  U.  S.  Court. 

Sn'KA.Sept.  r.,  188fi. 
Commanding  ofticer  and  others  attending  court  in  case 
^°of  schr.  "Onward"  and  "Carolena."  Crew  variously 
employed.  Master  and  mate  of  schr.  "  Onward  "  con- 
vi(  ted  hy  a  jury,  the  former  fined  ^l'(M)  and  two  months 
iniprisonment,  the  latter  thirty  days  imprisonment.  The 
mate  of  the  "  Carolena  "  convicted  hy  ttie  .Judge  and  sen- 
tenced to  ten  days  imprisoi\nient,  this  liglit  sentence  heing 
imposed  hecaus(>  he  was  the  only  man  of  the  prisoners 
wlio  told  the  truth  and  acknowledged  his  guilt. 


40 


30 

Ma  KINK 

U.  S.  Htkamek  "Kl'sh." 

OUNALASKA,  Aug.  11,  1887. 

Hon.  Chas.  S.  Faihchim), 

Secretary  of  the  Treasury, 

Washington,  D.  C. 

Sir/— 

*  *  •»  *  «  *  » 

On  same  date  (August  <!).  in  lat.  .54  dog.  i>i  N.,  long., 
107.20  W  waters  of  Alaska  territory,  I  seized  for  violation 
of  law,  Sees  li*.").')  and  liii")*!  li.  S.  the  British  schooner 
"  Alfred  Adams,"  of  Victoria,  B.  ('.  t>8,  75/100  tons  regis- 
ter, VV.  W.  Dyer,  master,  Hugh  Mackay.  of  Victoria,  B. 
C.  m.-^naging  owner,  on  a  sealing  voyage.  He  had  heen 
in  Brh;  ing  sea  since  July  in.  and  was  found  t(»  have  1382 
seals  >  l.ins  on  hoard.  When  lioarded  she  had  fourteen 
df 'ul  seal  recently  killed,  hut  not  skinned,  on  deck.  Her 
tiev  consisted  of  four  white  men,  twenty  one  British 
Columbia  Indians  and  one  chinaman. 

I  have  taken  the  papers,  arms  and  ammunition  and  seal 
skins  out  of  these  vessels  and  have  directed  their  captains 
to  proceed  with  their  vessels  to  Sitka,  and  upon  arrival  at 
that  port  to  set  their  crews  at  liberty,  and  to  report  in 
person  to  the  U.  S.  District  attorney  or  U.  S.  marshal. 
(The  "  Alfred  Adams  "  proceeded  to  Victoria  instead  of  to 
/;„ Sitka  as  ordered) 


50 


I  am,  very  respectfully, 
L. 


D.  SHEPARD. 
Capt.  U.  S.  R.  M. 


8& 

(Exliibit  No.   i:.i. 
U.  S.  Kevknuk  Makink  Stkami-.k  "Bkar" 

t)L'XAI,AHKA.  A.  T.   AllHllht  27.   l^HT 
lliiii.  Secretary  of  tin'  Treasiiri/, 

VVnshiiintoii,  I).  ('. 

Sir/-- 

10  On  tlu!  2;ii(l  Aiijiust  we  aiiclion'tl  (iff  St.  I'aiil's  i>ilanfl, 
and  on  tlio  2."»tl»,  while  steaming  towards  (Jiin.ilaska,  we 
at'izcd  out'  Aniciican  HchoontT,  witli  nearly  sixteen  hnn- 
dred  seal  skins  on  Itoard,  and  tli*>  |{i'itis!i  KclioontT  "  Ada" 
with  »'ijiht»'<m  hnndrt>d  and  seventy  six  -n'al  skins.  'I'ljese 
two  vessels  were  towed  into(  ►inialaska  iiaihor,  theii'  skius 
discharged  and  stowed  in  the  (Jovernnient  coal  shed. 

The  Anieiiran  s(;hooner  "  Allie  I.  AlKei"will  to-day 
sail  for  Silka.  with  Lient.  O.  ('.  Harnl»;t  in  chaige,  and 
the  "  Ada"  will  also  sail  with  Seaman  Thomas  Powers  in 

20(.|,arfi;i>.  hoth  vessels    being   towed  to  sea  hv  the    revenue 

steamer  "  Hush." 

*  *  *  *  ■;>  *  » 

Very  respertfidly 

Yonr  Obedient  servant 

M.  A  HEALV, 

Captain  l'.  S.  R.  M. 


30 


40 


Behrino  Ska,  ckuisixg,  and  Ounalaska, 

Thursday,  August  •2'>th,  18s7 

*  *  *  Sighted  a  schooner  bearings  e.  X  e.  and  steered 
for  her.  At  lo  a.m.  boarded  British  sehr  "Ada."  of 
Siianghai.  seized  her  with  isnn  skins,  and  ;{n  dead  seals  on 
hoard,  leaving  :>rd  Lieut  Kennedy  in  charge  of  her.  *  ■*  * 
At  li'.iT)  p  m.  took  Br.  schooner  '  Ada"  in  tow  and  steered 
sonthwani  toward  Ulahtka  Head.  *  *  *  At-2.40p.m, 
L'lahtka  Head  abeam.  Stood  in  for  Ounalaska  harbor. 
At.  .">.:{••  moored  to  buoy  and  anchored  the  prizes. 

OuNAi.AsivA,  Friday,  Aug  :iii,  Iss7 

*  *  *  Hauled  Br.  sehr  "  Ada  "  alont;sidH  of 
wharf,  ilischaiged  ls7ti  seal  skins  from  her  and  stored 
them  in  (iovernnientcoal  shed.  *  Crew  employed 
restoring  skins  and  getting  sehr  "  Ada  "  ready  fur  sea. 


At  Ska.  Sunday,  .inly  17,  18.S7 
At  II. n.")  a.m.  fog  lifted,  saw  a  schooner  hearing  o.n  e. 

50  At  II  a.m.  in  all  sail.  At  II. -in  in  lat  .j.")  «i:?.  long. 
lt;s.4o  :{o  vv.  stopped,  and  Lieutenants  Hail  and  Henham 
boarded  and  examined  British  schooner  "(iiace."  of  Vic- 
toiia,  B.  C,  Wni.  Pettit.  ma«iter,  on  a  sealing  voyage. 
Had  been  ten  days  in  the  Behring  sea.  Caiitain  re- 
portt  d  about  <)<»(»  sealskins  on  board,  of  which  200 
were  taken  in  the  l-!ehring  sea.  Crew  consisted  of  six 
white  men  *  *  *  04  Indians  and  one  chinaman. 
When  the  schooner  was  boarded  she  had  12  canoes  and 
one  boat  out  hunting  seal,  from  which  several  dead  seals 

"''  were  passed  on  board  the  schooner,  when  they  returned 
to  her.  Saw  one  seal  shot  and  taken  into  the  boat  befoie 
she  reached  the  schooner.  Waited  until  6.15  for  canoes 
to  return,  they  being  a  long  way  off.  Saw  12  seal  passed 
out  of  one  canoe.  The  last  canoe  having  returned  to  the 
schooner,  took  possession  of  theschooner's  papers  and  seized 


^w:^-*^- 


'  -fl- 


■1! 


nP 


WW. 


8«t 


I,  • 


(Exhibit  No.   1")). 

tlie  vessel  for  violation  of  sec.  lOiiti  R.  S.  Put  Lieut  Ben- 
ham  with  two  seamen  on  hoard  in  charge  of  iier  and  took 
the  vessel  in  tow,  Captain  Pettit  refusing  to  look  aftei'  his 
vessel  lonj;er.     At  ti.2H  steamed  ahead  on  course. 

Sgd.     L.  G.  SHEPARD. 

Captain. 


'°  Saturday,  Aug.  fi,  iss7. 

*  *  At  I.;?")  p.  M.  discovered  a  sail  to  Nd.,  kept 
n.n.w.  P.  L.  !»,■).').  At  :>.47  stopped  P.  L.  5-1/4.  Lieut.s.  Hall 
and  Dunwoodv  hoardeci  the  Hr.  schr.  "  Alfred  Adams," 
of  Victoria.  H.  C.  t'.s,  7*)/loo  tons.  W.  \V.  Dyer,  master, 
and  Hugh  Mackay,  of  Victoria,  B.  C.  managing  owner, 
having  cleared  from  Victoria  on  June  l(>,  on  a  fishing  and 
huntirig  voyage  to  N.  Pacific  and  Behriiig  sea.  Crew  con- 
sisted of  four  white  men.  1  chinanvin  and  lil  B.  C  Indians. 
When  boarded.  14  dead  seal  recently  killed  but  not  yet 
skinned  were  found  on  deck.  The  vessel  had  beerj  in  the 
Behring  sea  since  July  lo,  and  was  found  to  have  l.SS:2 
seals  skins  on  board,  all  of  which  with  her  arms  and  am- 
munition, namely,  7  double  bl.  B.  L  shot  guns  ;5.  bl.  VVin- 
cbestpr  rifles,  two  single  barrel  muskets,  :?  and  a  half  kegs 
of  powder.  liiV*  loa(led  shells  for  shot  guns,  [!•()  enipty 
shells,  llo  cartridges,  ;44,  for  Winchester  rifles,  70  cart- 
ridges S4.5,  and  tA  cartridges,  small,  and  loUd  primers,  were 
transferred  to  the '•  Rusii."  Seized  the  vessel  for  viola- 
tion of  sec.  lit').")  and  l!t.")tt  R.  S.,  and  executive  order 
dated  May  4,  Iss7.  and  directed  her  captain  to  proceed 
with  his  vessel,  "Alaska,"  and  on  his  arrival  to  set  his 
crow  at  liberty  and  report  in  person  to  the  U.  S.  District 
Attorney  or  U.  S.  Marshal.  *  «  *  4  t^  (;  p  ^  laying 
by  schr.  "  Alfred  Adams,"  transferring  the  skins  with 
arms  and  ammunition  to  the  "  Rush." 

OUNALASKA,  Thursday,  Aug.  2"),  1S87. 

*  *    *    At  ;?.30  p.  M.  revenue  steamer  "  Bear"  arrived 
■  o  in  the  harbor  with  two  schooners,  the  "  Ada  "  of  Shanghai 

and  the  "  AUie  I.  Algar,"  of  Seattle,  in  tow.  *  *  *  The 
master  of  the  "Ada"  is  James  Gaudiu,  Frederick  E. 
White  is  managing  owner,  the  crew  being  composed  of 
eight  white  men  and  14  Indians,  and  had  on  board  1876 
seal  skins -is  of  (if),  23/1^  tons  register. 


(Exhibit  No.  16). 


1    8 


sis 

<p  o  u 

is? 


1-4  M  -4 


o 

►5  - 


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»  - 

M  - 

w  - 

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ci  pa 

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S  a 

2  I 

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$  I 

M      .9 


2  s 


05      CO 


3  s;  :; 


i  5 


s 


3  g 


II 


I. 


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01  A  a 
S  ,3  t?  £  H  a 


o 


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o 

M 

3 


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0  o3 

01  n  u 

r. .  a  3 


S    S 


111 


S    c    ■«    t» 


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o     £ 

^1 


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P3 

I 


(3 


i  s  i 


a 


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iiss^issstifi^^^ 

S    8    5    8    S5    S    S 

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I  a  £ 


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IMf! 


38 

(Exhibits  Nos.  17,  18  and  19). 
EXHIBIT  No.  17  (Q.  B ).  CLAIM  No.  1. 

Migration  Chart  (No.  3)  showing  position  of  Alaskan 
Seal  Herd. 

By  order  of  the  Commissioners  on  consent  of  counsel  it 
is  not  printed. 


10 


EXHIBIT  No.  18  (0.  B.),  CLAIM  No.  1. 

Note  book  of  Andrew  J.  Laing,  referred  to  in  his  deposi- 
tion as  "Exhibit  A." 

By  order  of  the  Commissioners  on  consent  of  counsel  it 
is  not  printed. 


EXHIBIT  No.  19  (G.  B.)»  CLAIM  No.  1. 

United  States,  District  of  Alaska,  ss. ; 
^^     Pleas  and  proceedings  began  and  had  in  the  District 
Court  of  the  United  States  for  the  District  of  Alaska  at 
the  May  Term  1886. 
The  United  States  / 

vs.  V  No.  85. 

James  Ogilvie.     ) 

And  on  Aug.  25  1886  the  plaintiff  (.  .  i  a     .jcion  for 
leave  to  file  an  Information  in  said  cuu-se,  which  is  in 
w^ords  and  figures  following,  to  wit: 
In  tlie  District  Court  of  the  United  States  for  the  District 
^   of  Alaska. 

The  United  States  ^  j^^^^j^,,  ^^^  ^^^^^  ^^  jjj^  ^^  information 
James  Ogilvie.     j       "Revised  Statues,  Section  1956. 

Comes  now  M.  D.    Ball,  U.  S.  District  Attorney  for 
Alaska,  and  moves  the  Court  for  leave  to  file  an  infor- 
mation charging  James  Ogilvie  with  a  violation  of  Section 
1956  of  the  Revised  Statutes  of  the  United  States. 
Dated,  Sitka,  August  25  A.  D.  1886. 
40  M.  D.  BALL. 

U.  S.  District  Attorney  for  Alaska. 
(Endorsed)— No.  85. — In  the  District  Court  of  the  United 
States  District  of  Alaska.— The  United  States    vs. 
James  OgiNie. — Motion  for  leave  to  file  an  Inforu'a- 
tion. 
And  afterwards  on  August  25th,   1886,  the  foli  w;  mk 
further  proceedings  were  had  in  said  cause  and  appear  uf 
record,  which  are  in  words  and  figures  following,  to  wit: 
In  the  matter  of  the  United  States  )  No.  85. 


50 


Motion  for  leave  to 

file  information. 
District  Attorney  for 


vs. 
James  Ogilvie. 
Comes  now  M.  D.  Ball  U.  S. 
Alaska,  and  moves  the  Court  for  leave  to  file  an  informa- 
tion charging  James  Ogilvie,  with  a  violation  of  Sec.  1956 
of  the  Revised  Statutes  of  the  United  States.  It  is  con- 
sidered and  ordered  by  the  Court  that  leave  be  granted. 

In  the  District  Ooui'tof  the  United  States  for  the  T"  '>trict 
of  Alaska 
60  The  United  States  | 

vs.  >  Information. 

James  Ogilvie.     j 
District  of  Alaska,  ss. : 

James  Ogilvie  is  aco   -^d  by  M.  !).  Ball,  U.  S.  District 
Attorney  for  Alaska  b}  *h!3  information  of  the  crime  of 


39 


20 


(Exhibit  No.  19). 

killing  fur  seal  within  the  Territory  of  Alaska,  and  in  the 
waters  thereof,  committed  as  follows: 

The  said  James  Ogilvie  on  the  first  day  of  August,  A.  D. 
1886,  in  the  District  of  Alaska  and  within  the  jurisdiction 
of  this  Court,  and  within  the  limits  of  Alaska  Territory, 
and  in  the  waters  thereof  did  kill  30  fur  seal.  Contrary 
to  the  Statutes  of  the  United  States  in  such  cases  made  and 
10  provided  and  against  the  peace  and  dignity  of  the  United 
States  of  America. 
Dated  at  Sitka,  the  25th  day  of  August,  1886. 

M.  D.  BALL, 
U.  S.  District  Attorney  for  Alaska. 

District  of  Alaska,  ss. : 

I,  M.  D.  Ball,  U.  S.  District  Attorney  for  Alaska,  being 
dulj  sworn  say  the  within  information  is  true,  as  I  verily 
believe. 

M.  D.  BALL. 
Subscribed  and  sworn  to  before  1 
me  this  25th  day  of  August  > 
A.  D.  1886.  ) 

[l.  s.]  Andrew  T.  Lewis,  Clerk. 

(Endorsed)— No.  85.— In  the  District  Court  of  the  United 
States  for  the  District  of  Alaska. — The  United  States 
vs.  James  Ogilvie  R.  S.  Sec.  1956. — Information. — 
Filed  Aug.  25  A.  D.  188^1. 

ANDREW  T.  LEWIS, 
30  Clerk. 

And  on  the  same  date  the  following  further  proceedings 
were  had  and  appear  of  record  in  said  cause,  which  are  in 
words  and  figures  following,  towit: 

In  the  matter  of  the  United  States  1  No.  85. 

vs.  '  >  Information.     Sec. 

James  Ogilvie.  )      1956.     R.  S 

Comes  now  the  parties  above  named,  M.  D.  Ball,  U.  S. 
District  Attorney  for  Alaska,  for  plaintiff  and  the  defend- 
40  ant  in  his  own  proper  person  and  being  duly  arraigned 
upon  said  information  filed,  for  plea  thereto  says  he  is  not 
guilty  as  charged  in  said  information. 

And  on  Aug.  25,  1886,  the  following  further  proceed- 
ings were  bad  and  appear  of  record  in  said  cause,  which 
are  in  words  and  figures  following,  to-wit: 

In  the  matter  of  bail. 

It  is  ordered  that  bail  for  J.  Marketich,  Chas.  E. 
Raynor,  John  Johnson,  Patrick  O'Neil,  James  Blake, 
Hans  Guttormsen,  James  Ogilvie,  Henry  Norman,  and 
^  Daniel  Monroe  be  and  the  same  is  hereby  fixed  in  the  sum 
of  five  hundred  ($500.00)  dollars  each  and  in  default  of 
which  to  be  committed  to  the  custody  of  the  Marshal. 

And  on  August  26,  1886,  the  following  further  proceed- 
ings were  had  and  appear  of  record  in  said  cause  which 
are  in  words  and  figures  following,  to  wit: 

In  the  matter  of  the  appearance  of  W.  Clark  and  D.  A. 

DiNGLEY. 

At  this  time  come  W.  Clark  and  D.  A.  Dingley, 
Co  Attorneys  of  this  Court  and  enter  their  appearance  m 
ctuses.  No.  80,  No.  81,  No.  82,  No/83,  No/84,  No.  85,  No. 
86,  No.  87. 

And  afterwards  to  wit  on  August  26, 1886  the  following 
further  proceedings  were  had  and  appear  of  record  in  said 
cause,  which  are  m  words  and  figures  following,  to  wit: 


i.fe 


'IM: 


m      I  ■ ' 


I  >l 


40 

(Exhibit  No.- 19). 
In  the  matter  of  personal  recognizance — 

Now  at  this  time  come  W.  Clark  and  D.  A.  Dingley  and 
move  the  Court  that  J.  Marketich,  John  Johnson,  James 
Blake,  Hans.  Guttormsen,  James  Ogilvie,  Henry  Norman 
and  Daniel  Monroe  be  admitted  to  bail  upon  their  personal 
recognizance.  It  is  ordered  that  the  above  named  de- 
fendants be  admitted  to  bail  in  the  sum  of  five  hundred 
'°  ($500.00)  dollars  upon  their  personal  recognizance  to  be 
and  appear  at  each  and  every  day  of  Court  till  duly  dis- 
charged. 

In  the  matter  of  the  Recognizance  of — 

Now  at  this  time  come  J.  Marketich,  John  Johnson, 
James  Blake,  Hans  Guttormsen,  James  Ogilvie,  Henry 
Norman  and  Daniel  Monroe  and  acknowledge  themselves 
each  indebted  to  the  United  States  in  the  sum  of  $500.00 
for  their  appearance  at  each  and  every  day  of  the  term  of 
20  Court  or  till  duly  discharged. 

In  the  matter  of  the  time  for  trial- 
It  is  ordered  that  cause  No.  79,  80,  81.  82,  83,  84,  85,  86, 

87,  be  set  for  trial  Monday  August  30,  1880  at  9  o'clock, 

A.  M. 
And  afterwards  to  wit  on  August  30  1886  the  following 

further  proceedings  were  had  in  said  cause  and  appear  of 

record,  which  are  in  words  and  figures  following  to  wit: 

,Qln  the  matter  of  the  United  States  )  No.  85. 

James  Ogilvie.  )  Motion  to  forfeit  bail. 

Now  at  this  time  comes  M.  D.  Ball  U,  S.  Attorney  for 
Alaska,  and  moves  the  Court  that  the  personal  recogni- 
zance of  James  Ogilvie  given  August  26  1886  in  open  Court, 
wherein  he  acknowledged  himself  indebted  to  the  United 
States  in  the  sum  of  five  hundred  ($500.00)  dollars  be  for- 
feited for  the  reason  he  has  failed  to  comply  with  the  con- 
ditions of  said  recognizance.     It  is  ordered  that  the  said 
40  James  Ogilvie's  bail  be  forfeited  and  that  a  Scire  facias 
and  Alias  writ  be  issued. 
United  States  of  America, 
•    District  of  Alaska, 
I,  Charles  D.  Rogers,  Clerk  of  the  District  Court  of 
the  United  States  of  America,  for  the  District  of  Alaska, 
do  hereby  certify  that  the  foregoing  pages  numbered  from 
1  to  inclusive,  contain  a  true  and  complete  transcript 

of  the  record  and  proceedings  had  in  said  Court  in  the 
case  of  the  United  States,  pltf.,  vs.  James  Ogilvie,  defend- 
^  ant,  as  the  same  remain  of  record  and  on  file  in  said  office. 
In  testimony  whereof,  I  have  caused  the  seal  of  said 
Court  to  be  hereunto  affixed,  at  the  town  of  Sitka,  in  said 
District,  the  9th  day  of  November,  A.  D.  1896. 

CHARLES  D.  ROGERS, 
[seal.]  Clerk. 


S 


ss. ; 


60 


EXHIBIT  No.  20  (G.  B.).  CLAIM  No.  !■ 

Certified  transcript  of  Record  and  Proceedings  in  United 
States  District  Court  in  Alaska  in  case  of  United  States 
vs.  James  Blake. 

The  proceedings  in  this  case  were  the  same  as  against 
James  Ogilvie  as  shown  in  Exhibit  19  (G.  B.)  printed 


h  • ! 


20 


41 

(Exhibit  No.  20). 

above  except  as  to  certain  portions  specified  below,  and 
by  order  of  the  Commissioners  on  consent  of  counsel,  only 
such  portions  are  here  printed. 

United  States  vs.  James  Blake. 
Evidence  of  PRoaEcuxioN. 

Capt.  Abbey. -On  August  1st,  between  5  and  7  P.  M.,  I 
'°  was  in  Bering  Sea  busy  seizing  boats  which  were  get- 
ting fur-seals  contrary  to  law.  First  1  spoke  the ' '  Caro- 
line "  of  Victoria  B  C.  She  was  lying  a  short  dis- 
tance from  schooner.  Steamed  up  to  her  and  saw 
the  master  and  mate  on  deck.  Could  not  recognize 
them  at  first  but  afterwards  ^aw  who  they  were. 
I  hailed  her  and  found  she  was  a  sealer.  The  Cap- 
tain said  the  boats  weie  away  to  the  S.  W.  Very 
soon  we  saw  the  boats  in  the  distance.  I  forget  the 
questions  I  put  to  the  Captain,  but  we  saw  dead  seal 
from  the  "Corwin's"  deck,  lying  on  the  schooners 
deck.  I  called  the  attention  of  someone  to  them;  I 
directed  her  to  be  seized  and  threw  a  line  aboard.  I 
found  the  boats  and  canoes.  I  examined  them  and 
found  them  full  of  dead  seals.  I  approached  the 
boats  and  saw  them  firing  and  drifting  down  getting 
seals.  The  boat  coming  alongside  in  the  dark  won- 
dered what  schooner  it  was,  tacked  and  hailed  us. 
J.  C.  Cantwell.—I  was  put  in  charge  of  the  schooner  to 
take  her  to  Oonalaska,  and  made  sail  for  same  island. 
^°  I  saw  fur  seal  on  board.  I  saw  the  defendant,  he 
was  mate  on  board  the  schooner. 
(Endorsed) — No.  83. — United  States  vs.  James  Blake. — 
Evidence.— Filed  Sept.      ,  '86. 

ANDREW  T.  LEWIS, 

Clerk. 
In  this  proceeding  the  following  order  appears  in  place 
of  the  order  to  forfeit  bail  appearing  in  Exhibit  No.  19 
(G.  B.). 
40     And  on  September  6,  1886,  the  following  further  pro- 
ceedings were  had  and  appear  of  record  m  said  cause, 
which  are  in  words  and  figures  following,  to  wit: 
In  the  matter  of  the  United  States  ) 

va.  [  No.  83. 

James  Blake.  ) 

Now  at  this  time  this  cause  coming  on  to  be  heard  upon 
demurrer  M.  D.  Ball  U.  S.  District  Attorney  for  Alaska 
appearing  for  the  United  States  and  W.  Clark  and  D.  A. 
Dingley  for  James  Blake,  the  Court  now  being  fully  ad- 
vised in  the  premises:  It  is  considered  and  ordered  that 
the  demurrer  be  overruled.  And  now  upon  motion  to  dis- 
miss for  want  of  jurisdiction:  It  ts  ordered  that  the  ^ame 
be  overruled. 

And  now  this  coming  on  for  trial  'opon  plea  heretofore 
made  to  information  and  appearing  oy  their  respective 
attorneys,  and  the  defendant  James  Blake  personally  waive 
a  jury  and  agrees  that  the  cause  may  be  tried  by  the  Court. 
Whereupon  the  following  witnesses  were  called  sworn 
and  testified  on  the  part  of  the  United  States:  Capt.  C.  A. 


50 


60 


Abbey,  J.  C.  Cantwell,  and  J.  H.  Douglas.  After  Avhich 
the  plaintiff  rest;  the  defendant  having  no  evidence  to 
offer,  rest.  The  Court  now  being  fully  advised  in  the 
premises,  the  defendant  James  Blake  is  found  guilty  and 
lieing  arraigned  for  sentence  and  being  asked  if  he  has  any 
reason  why  the  judj^ment  of  the  Court  shall  not  be  pro- 


,'  !^ 


!»•. 


1  i .  1 

I  -1  r 


42 

(Exhibits  Nos.  20,  21,  22,  23,  24,  25,  and  26). 

nounced  against  is  not  able  to  give  any,  and  said  defend- 
ant waiving  further  time  to  receive  sentence;  It  is  consid- 
ered and  ordered  that  the  said  James  Blake  be  imprisoned 
for  the  term  of  ten  (10)  days. 


EXHIBIT  No.  21  {Q.  B.),  CLAIM  No.  1. 

'°    Counter  Case  Chart  No.  1,  showing  cruises  of  United 
States  Naval  Vessels  between  July  15  and  August  15, 1891. 


EXHIBIT  No.  22  (G.  B.),  CLAIM  No.  1. 

Counter  Case  Chart  No.  6,  showing  positions  and  num- 
ber of  seals  observed  and  reported  by  United  States  Naval 
Vessels  in  Behring  Sea  during  the  season  of  1892. 


20 


EXHIBIT  No.  23  (0.  B.),  CLAIM  No.  1- 

Chart  in  Vol.  II.  American  Reprint  between  pages  574 
and  575,  showing  cruise  of  British  schooner  "Ada"  in 

1887. 


EXHIBIT  No.  24  (0.  B.),  CLAIM  No.  1. 

Chart  in  Vol.  II.  American  Reprint  between  pages  530 
30 and    631,    showing   cruise    of   United    States    schooner 
"  Annie"  from  San  Francisco  in  Behring  Sea  in  1887. 


EXHIBIT  No.  25  (G.  B.),  CLAIM  No.  1. 

Chart  in  Vol.  II.  American  Reprint  between  pages  524 
and  525,  showing  cruise  of  United  States  schooner 
"  Ellen  "  in  Behring  Sea  in  1887. 


40 


EXHIBIT  No.  26.  (0.  B.),  CLAIM  No.  1. 

Picture  of  Indian  sealing  canoe  and  sealers,  showing 
method  of  throwing  spear. 


43 


(Exhibit  No.  ;W). 
EXHIBIT  No-  27  (0-  B.),  CLAIM  No.  1. 


i  .J.' 


ABSTRACT. 

Abstract  from  the  book  produced  by  William  Bragg, 

showing  the  names  of  the  hunters  in  the  Mary  Ellen  in 

101886,  the  days  on  which  they  sealed  in  Behring  Sea  in  that 

year,  and  the  number  of  seals  taken  by  each  hunter  from 

day  to  day. 

John  Jacobson. 

August. 

1,  hunting 23  seals 

2,  hunting 1« 

8,  hunting 6 

4,  hunting 0 

6,  not  hunting. ...  1,  from  schooner 

6,  not  hunting. ...     0 

7,  hunting S6 

8,  hunting 14 

9,  hunting 28 

10,  hunting; 28 

11,  hunting 1,  half  day 

12,  nothunt'g 0 

18,  nothunt'g 0 

14,  not  liunt'g 0 

16,  hunting 9 

16,  nothunt'g 0 

17,  nothunt'g 0 

18,  nothunt'g 0 

19,  hunting 36 

20,  not  stated 0 

21,  hunting 15,  half  day 

22,  not  hunting.   ...     0 

23,  hunting 9 

24,  hunting 7,  half  day 

26,  not  hunt'g 1,  from  schooner 

26,  nothunt'g 0 

.      27,  nothunt'g 1,  from  schooner 

28,  nothunt'g 0 

29,  not  hunt'g  ....      I ,  out  for  sleepr. 

220  seals. 


28,  hunting 

8  seals 

29,  not  hunting  . . . 

.     0 

SO,  hunting 

4 

20 

12  seals. 

July. 

1.  hunting 

.     8 

2,  hunting  

.     3 

8,  hunt'g  2  hrs. . . 

.     0 

4,  not  hunt'g  . , . 

.     0 

6,  nothunt'g 

.     0 

6,  hunting 

.     2 

7,  nothunt'g 

.     0 

8,  hunting  . , .   . . 

.  86 

9,  nothunt'g 

.     0 

10,  nothunt'g 

.     0 

30  11,  hunting 

.     2,  half  day 

12,  hunting 

.   16 

13,  hunting 

16 

14,  hunting 

.     6 

16,  hunting 

.     6 

16,  hunting 

.     7 

17,  hunting 

.   10 

18,  hunting 

.  24 

19,  nothunt'g  . . . 

.     0 

20,  not  hunt'g 

.     I ,  from  sch 

21,  hunting 

.     9 

22,  hunting 

.  26 

23,  nothunt'g. .. . 

.     0 

40  24,  liunting 

.     8,  half  day 

25,  hunting 

.   14 

26,  hunting 

.     0,  2  hours 

27,  nothunt'g. . . . 

.     0 

28,  hunting 

.     8 

29,  hunting 

.  46 

80,  hunting 

.  86 

81,  hunting 

.   17 

286 


50 


DEFRIEa. 


June. 

28 2  Hunling 

29 0  Not  hunting 

30 6  Hunting 

July. 

1   1  Hunting 

2 2  Hunling 

8 0  Hunting  (2  hours) 

/;_    4 0  Not  hunting 

6 0  Not  hunting 

6 1  Hunting 

7 . .     0  Not  hunting 

8  82  Hunting 

t 0  Not  hunting 

10 0  Not  liunting 

11 1  Hunting  (half  day) 


August. 

1 40  Hunting 

8 14  Hunting 

» 12  Hunting 

4 1  Hunting 

6 0  Not  hunting 

6 .... .  Not  hunting 

7 19  Hunting 

8 0  Hunting 

9 16  Hunting 

10 18  Hunting 

11 8  Hunting  (half  day) 

12 Not  hunting 

18 Not  hunting 

14 Not  hunting 

16 8  Hunting  (half  day) 

16 Not  hunling 


■I  "I- 


m^ 


U 


13 16  UuotiDK 

>« 27  HuDtinI 

'* 6  Hunting 

'6 7  Hunting 

'8 4  Hnnling 

•' 0  Hunting 

18 19  Huntinl 

1' Nothnntiuff 

20 Not  hunting 

lO^l 9  Hunting 

22  to  27  inclusive  torn  out 

28 6  Hunting 

29 88  Hunting 

80 21  Hunting 

81 0  Not  hunting 

Total..  246 


(Exhibit  No.  27). 

17 Not  hunting 

18 Not  hunting 

19 27  Hunting 

20 Not  specified 

21 10  Hunting  (half  day) 

22 0  Not  hunting 

28 8  Hunting 

24 4  Hunting  (half  day) 

a» NothuSting 

28 Not  hunting 

2' Not  hunting 

28 Not  hunting 

29 0  Not  hunting 

Total..  176 


20  W.  T.  Bhagg.     Stern  Boat. 

August. 

' 14    Hunting 

'  2     Hunting 

1 1     Hunting 

? 1     From  Schooner 

"■    ■ 1     Hunting 

" 6    Hunting 

j^ 12     Hunting 

,g 8     Hunting  Half  a  day 

•24 ?    f/om  Schooner  (not  hunting) 

26 ?""""» 

3"  '     rrom  Schooner  (not  hunting). 

Total   47 

On  the  5tl.  of  August  John  Rose,  one  of  the  deck  hands, 
got  a  seal  from  the  schooner  with  a  gaff  hook. 


June. 

40^^ *     Hunting 

29 Not  hunlini; 

SO 3     Hunting. 

July. 
1st  to  6th  torn  out. 

T 0     liot  hunting, 

8 34     Hunting. 

9 0    Not  Hunting 

'0 0    Not  hunting 

II 1     (half    ny) 

12   .  ...      19     Hunting 

50  13 29     Hunting. 

>* 6     Hunting 

■5 9     Hunting 

18 H     Hunting 

'1 15     Hunting 

18 19     Hunting. 

I"   0     Not  hunting 

•-'0 0    Not  hunting 

'•^1 6     Hunting 

:i2   SI     Hunting 

'-* 0    Not  hunting 

21   13     Half  day 

■^5.    .  . . .     7     Hunting 

60 -<> I     Two  hours 

^T 0     Not  hunting 

-'8 18     Hunting 

'9 34     Hunting 

;iO 26     Hunting 

:il 27    Hunting 

Total.. 800 


Julian. 


August. 

1 85    Hunting 

2 22    Hunting 

8   7    Hunting 

* 2    Hunting 

" 2    Prom  Schooner  (not  h) 

8 0    Not  hunting 

V 25     Hunting 

8 20    Hunting 

9 25     Hunting 

'0 21     Hunting 

11 3     Hunting 

I'* Not  hunting 

14 Not  hunting 

">  0    Not  hunting 

16 16     (Half  day) 

18 0     Not  hunting 

1' 0    Not  hunting 

18  ..    ..     0    Not  hunting 

19 24    Hunting 

20 0    Notapecified. 

'■^1   10    Hunting  (lialf  day) 

22 0     Not  hunting 

23 12     Hunting 

2* 7    Hunting  (half  day) 

*o 0 

26 0 

27 0 

29   0 

Total..  23 1 


45 


(Exhibit  No.  27). 


Lorenzo. 


28. 
29. 
.SO. 


Juoc. 
0    Hunting 

0  Not  hunting, 

1  Hunting 


July. 


10 


I   . 
2... 

i.... 

e... 

6.... 

7.... 

8.... 


20 


10. 
11. 
12. 
13. 
14. 
15. 


1«.. 
17.. 
II  . 
19.. 
20.. 
21.. 
22.. 
2S.. 
•.i4.. 
25  . 
21').. 
27.. 
30  28.. 
29.. 
20.. 
81.. 


8 
2 

2 

0 

0 

1 

0 

88 

0 

0 

0 

12 

27 

4 

6 

2 

6 

13 

0 

0 

IS 

20 

0 

14 

6 

0 

0 

S 

30 

26 

8 


Hunting 

Huntinf; 

(2  hours) 

Not  hunting 

Nut  liunting 

Hunting 

Nat  hunting 

Hunting 

Not  hunting 

Not  hunting 

(half  day). 

Hunting 

Hunting 

Hunting 

Hunting 

Hunting 

Hunting 

Hunting 

Not  hunting 

Not  hunting 

Hunting 

Hunting 

Nut  hunting 

(half  day) 

Hunting 

(half  day) 

Not  hunting 

Hunting 

Hunting 

Hunting 

Hunting 


I.... 

..  28 

2... 

..  19 

3 

..  11 

4.... 

..  1 

6.... 

..  0 

6.... 

..  0 

7  ... 

..  10 

8 

..  11 

9  . 

..  14 

10  .. 

..  22 

11..  . 

..  6 

12.... 

..  0 

IS... 

..  0 

14... 

..  0 

16 

..  6 

1«.... 

..  0 

17... 

..  0 

18.... 

..  1 

19.... 

..  82 

20.... 

..  0 

21.... 

..  11 

22  .. 

..  0 

28.... 

. .  8 

24.... 

..  4 

25 

.   0 

26 

..  0 

27.... 

.   0 

28.... 

..   0 

August. 

Hunting 

Hunting 

Hunting 

Hunting 

Not  hunting 

Not  hunting 

Hunting 

Hunting 

Hunting 

Hunting 

Hunting  (lialf  day) 

Not  hunting 

Not  hunting 

Not  hunting 

Hunting  (lialf  day) 

Not  hunting 

Not  hunting 

Frum  Schooner  (not  h) 

Hunting 

Not  spvcified 

(half  day) 

Not  hunting 

Hunting 

Hunting  (lialf  day) 

Not  hunting 

Not  stated 

Not  hunting 

Nut  hunting 


Total..  179  Seals 


Total.. 220  Seals. 


Charles  F.  Dillon. 


28,  hunting. . . 

29,  not  hunt'g. 

30,  hunting, , . 


June. 


2  seals 

0 

1 


40 
1, 
2, 

3, 

4, 

fi, 

6, 

7, 

8, 

9, 

10, 

11, 

12, 

^O  13, 

14, 

IB, 

16, 

17, 

18, 

19, 

20, 

^1, 

22, 

23, 

•■^4, 

Oo  2B, 
27, 
28, 
29, 
30, 
31, 


July. 

hunting 3  seals 

not  hunt'g 0 

hunting 1,  2  hours 

not  hunt'g 0 

not  hunt'g 0 

hunting 4 

not  hunt'g 0 

hunting 19 

not  hunt'g 0 

not  hunt'g 0 

hunting 0  half  day 

hunting 10 

hunting 19 

hunting 2 

huntinjj 6 

huntin<)^ 2 

hunting I 

hunting 14 

not  hunt'g 0 

not  hunt'g 0 

hunting   11 

hunting 21 

not  hunt'g 0 

hunting 9  half  day 

hunting 3 

hunting )  2  huurs 

not  hunt'g 0 

hunting 6 

hunting 45 

hunting 2S 

hunting 9 

209  seals 


August. 

1,  hunting 12 

2,  liunting 16 

3,  hunting 8 

4,  hunting 3 

R,  nut  hunt'g 2  from  schooner 

6,  not  hunting, ...  0 

7,  hunting  3 

8,  hunting. IB 

9,  hunting 4 

10,  hunting 31 

1 !,  hunting B,  half  day 

12,  not  hunt'g 0 

13,  not  hunt'g 0 

14,  not  hunt'g 0 

16,  hunting.  , 7  half  day 

IB,  not  hunt'g (i 

17,  not  hunting 0 

18,  not  hunt'g 0 

19,  hunting 22 

20,  not  stated 0 

21,  hunting 12,  halt  day 

22,  not  hunt'g 0 

23,  hunting    ......  8 

24,  hunting 8  half  day 

2B,  not  hunting 0 

26,  ditto       0 

27,  ditto       0 

28,  ditto       0 

29,  ditto        0 

163. 


!  .<J 


i.'"J 


jW 


i  H 


¥ 


I   ml 


i 


46 

(Exhibits  Nos.  2S,  29,  30  and  31). 
EXHIBIT  No.  28  (0.  B),  CLAIM  No.  1. 

Loj?  book  of  schooner  "  Maggie  Mac"  of  Victoria,  pro- 
duced by  Thomas  H.  Brown. 

By  order  of  the  Commissioners  on  conser  ^  of  counsel  no 
part  of  this  exhibit  is  printed. 


10 


EXHIBIT  No.  29  (0.  B.),  CLAIM  No.  1. 

Record  book  of  Thomas  H.  Brown. 
By  order  of  the  Commissioners  on  consent  of  counsel  no 
pai't  of  this  exhibit  is  printed. 


EXHIBIT  No.  80  (0.  B.),  CLAIM  No.  1. 

'®  Sand  Point,  June  29th,  1889. 

Messis.  Welch  Rithet  &  Co., 


Gentlemen: 


Victoria,  B.  C. 


I  received  your  letteer  of  May  25th  all  right.  I  will 
ship  my  skins  in  the  "  Wanderer  "  tonight,  they  are  32 
sacks  with  15  in  each  sack,  12  sacks  with  10  and  1  sack 
with  13,  total  amount  (il3  skins.  Each  sack  is  marked 
with  W.  R.  &  Co.,  in  black  letters  on  the  outside  of  the 

30 bag  with  the  number  of  skins  in  it,  also  a  white  tag  with 
W.  R.  &  Co,  on  one  side  and  M.  E.  on  the  other.  I  am 
paying  the  mate  off  here  and  will  give  him  an  order  on 
you.  He  is  no  good  whatever  and  it  is  no  use  lugging 
him  around  paying  him  $40.00  for  nothing.  I  got  another 
hunter  from  the  "  W.  Rich  "  and  expect  to  do  good  work  in 
the  Behring  Sea.  Copy  of  stores  and  crew  outfit.  Enclosed 
is  also  a  bill  for  rifle  and  ammunition  834.00  Avhich  ac- 
counts for  ^34.00  marked  cash  on  the  bill.  We  will  be 
home  before  the  bill  is  presented  for  payment.     Will  sail 

40  to-night  for  the  sea. 

I  remain  yours  most  respectfully, 

(Sd.)        JOHN  DODD. 


EXHIBIT  No.  31  (0.  B.),  CLAIM  No.  1. 

Northeast  Harbor, 

Shumican  Islands. 
--  July  5th,  1890. 

5°R.  P.  RrrHET  &  Co., 

Victoria,  B.  C. 
Gentlemen : — 

Your  favour  of  the  11th  June  per  Sch.  "  Mischief  "  duly 
received  and  contents  noted.  We  will  ship  by  said  schooner 
1107  seal  skins,  one  thousand  one  hundred  and  seven 
skins,  in  good  order.  They  are  very  fine  lot  of  skins  but 
I  think  that  if  $10  can  be  obtained  in  Victoria  you  may 
dispose  of  them  if  you  think  right.  But  I  will  leave  it  all 
60  in  your  own  hands  to  do  as  you  seem  fit.  We  will  lose  a 
lot  of  time  before  getting  to  the  sea,  as  this  Schooner 
should  of  been  here  10  days  ago. 

I  remain  yours  most  respectfully, 

(Sd.)      JOHN  DODD. 


47 

(Exhibits  No.  1  and  2). 
United  States  Exhibits. 


EXHIBIT  No.  1  (U.  8.),  CLAIM  No.  1. 

Extracts  from  Report  of  A.  R.  Milne  in  Vol.  6,  "  Ap- 
pendix 3  and  i  to  case  of  Oreat  Britain,"  American  Re- 
print, included  between  pages  393  and  398,  offered  as  part 
of  cross-examination.     (See  Record  at  page  22H.) 

By  order  of  the  Commissioners  on  consent  of  counsel 
this  exhibit  is  not  printed. 


EXHIBIT  No.  2  (U.  8.),  GLAIH  No.  1. 


Dominion  of  Canada. 


Dec.  11,  1896. 


(2)  Name  or  nanieB  of 
owners;  reBidonce, 
occtipatiou  and 
number  of  Bharea. 


Port  of  Victoria, 
20  Province  of  British  Columbia. 

This  is  to  certify  that  the  annexed  copies  marked  A.  B. 
C.  D.  E.  &  F.  are  correct  ti-anscripts  of  all  the  documents 
relative  to  the  first  registry  of  the  schooner  "  City  of  San 
Diego  "  on  file  in  this  office. 

A.  R.  MILNE, 

Registrar  of  Shipping. 

"A." 
Victoria,  B.  C,  28  Dec,  1892. 
JO  To  the  Registrar  of  Shipping, 
^  Port  of  Victoria,  B.  C. 

Sir,- 

I  Herewith  hand  yon  a  Builder's  Certificate,  Surveyor's 
Certificate  and  Declaration  of  Ownership  for  t!  -^  Ship 
"  City  of  San  Diego,"  which  has  been  built  by  Turner,  at 
his  shipyard  in  the  State  of  California  for,  and  request 
that  you  will  grant  registry  for  her  in  (1)  my  name  when  (D  "my" »'"<>'" 
all  the  requisites  of  the  law  have  been  complied  with. 
(2)  (Signed).     JOHN  A.  BECHTEL, 

40  Victoria  City, 

Hotel -keeper, 
64  Shares. 
Her  Dimensions  are:  Length  67  feet  5  tenths;    Brearl^^^h 
20  feet  5  tenths;    Depth  6  feet  5  tenths,   and   measur  ig 
46.16  tons  Register. 

And  I  appoint  William  Munsie  of  Victoria  aforesaid  to 
be  managing  owner  thereof. 
I  am.  Sir, 

Your  obedient  servant, 
50  (Signed)  JOHN  A.  BECHTEL. 

•  "D." 

Custom  House,  Port  op  San  i'luvcisco. 
Collector's  Office. 

December  22nd,  1892. 
I  hereby  certify  that  according  to  the  records  of  this 
office  the  Schooner  called  the  "  City  of  San  Diego  "of  San 
Francisco,  tonnage  46  and  16/100  tons,  was  registered  at 
this  office  Februai'y  9th,  1891,  and  the  following  were  her 
^owners,  viz.:  John  A.  Bechtel  of  San  Francisco,  State  of 
California,  sole  owner.  And  there  is  no  mortgage  or  lien 
on  record  against  said  vessel  in  this  office. 

Given  under  my  hand  and  seal  of  office,  this  22nd  day  of 
December,  1892.     2.45  p.  M. 

(Signed)       JOHN  DARE, 

Deputy  Collector. 


;  I 


4h 

(Exhibit  No.  2i. 

"  E  " 
RegJBtry  No.  62.  Official  No. 

Permanent  Numerals.        Letters. 

125,1)44. 
Copy  or  Crrtipicatk  ok  Kkoistry. 
In  pursuance  of  Chapter  one,  title  XLVIII.  "  Regula- 
tion of  Commerce  and  Navigation,"  Revised  Statutes  of 
'°the  United  States,  John   A.  Bechtel  of  San   Francisco, 
State  of  California,  having  taken  and  subscribed  the  oath 
required  by  law,  and  having  sworn  that  he  is  the  only 
owner  of  the  vessel  called  the  "  City  of  San  Di«go  "  of  San 
Francisco  whereof  George  Wester  is  at  present  master, 
and  is  a  citizen  of  the  United  States;  and  that  the  said 
vessel  was  built  in  the  year  1881,  at  San  Francisco,  Cali- 
fornia, as  appears  by  permanent  register  No.  50  issued  at 
this    port  January   11,    1887,    now   surrendered.      New 
ownei;  and  said  register  having  certifled  that  the  said 
^°  vessel  has  one  deck  and  two  masts— and  that  her  length 
is  67  and  5  tenths  feet,  her  breadth  26  feet  and  5  tenths, 
her  depth  6  feet  and  5  tenths,  her  height  feet  and 

tenths;  that  she  measures  forty-six  tons  and  six- 
teen hundredths,  viz.: 

,  Tons,     inoths. 

Capacity  under  tonnage  deck 46        06 

Capacity  between  decks  above  tonnage  deck. 
Capacity  of  inclosures  on  the  upper  deck,  viz.      3        62 

30  Cross  tonnage 48        68 

Deductions  under  Section  4153,  Revised 
Statutes  as  amended  by  Act  o^ 
August  6,  1882 42 

Total  deductions 2.42  2.42 

Net  tonnage. 46        16 

The  following  described  spaces,  and  no  others,   have 
40  been  omitted,  viz.: 

and  that  she  is  a  schooner  has  a  billet  head  and  an  elliptic 
stern;  and  the  said  John  A.  Bechtel,  having  agreed  to  the 
description  and  admeasurement  above  specified,  and 
sufficieit  security  having  been  given,  according  to  law, 
said  vessel  has  been  duly  registered  at  the  Port  of  San 
Francisco. 

Given   under  my  band  and   seal,   at  the  Port  of  San 
Francisco,  this  'Jtb   day  of  February,  in  the  year  one 
thousand  eight  hundred  and  niuetv-one. 
50 E.  P.  Dantouth,  F.'G.  PHELPS, 

Nava!  Utticer.  Collector  of  Customs. 

(Place  for  seal.)  (l.  s.) 

Seal  of  the  United  States. 

T.  B.  SANDEN, 
Acting  Commissioner  of  Navigation. 
(Endorsed) — District  of    !-an   Francisco,    Port   of    San 
Francisco.     Collectors  Oflice. 

I  hereby  certify  the  \vitbin  to  be  a  true  copy  of  the 
original  on  record  in  this  office. 
6 J     Given  under  my  hand  and  seal  this  22nd  day  of  Decem- 
ber, 1892. 

(Signed)       JOHN  DARE. 
The  Declaration  of  Ownership  marked  "  B,"  the  Certi- 
ficate of  Her  Britannic  Majesty's  Consul  Dennis  Donohoe, 
dated  Decenibci'  22,  1892,  marked  "  C,"  and  the  Certifi- 


40 

(Exhibits.  Nos.  2.  3  and  4). 

cate  of  Survey  of  "City  of  San  Diogo,"  marki'd  "F," 
above  referred  to,  form  part  of  this  Exhibit  No.  2(U.  S.), 
and  by  order  of  the  Commissioners  on  consent  of  counsel 
are  not  printed. 


EXHIBIT  No.  8  (U.  S),  CLAIM  No.  1. 

"^LiST  OF  "American  Vessei^"  suitable  for  Sealing 
Purposes  which  arrived  at  Victoria,  B.  C, 
IN  1880  AND  1887. 

Prepared  by  A.  R.  Milne,  Register  Victoria,  B.  C,  to  sup- 
plement Exhibit  No.  l(i  (G.  B.),  Claim  No  1. 


Name  of  Vessel. 


rsrrie  Hayden . .  . 

L.  I.  Perry 

C.  C.  Perkins . . . 

Teaser 

Sylvia  Handy..  . 
City  of  San  Diego 
Vanderbllt  ..... 

Utsalady 

Helen  Blum 

Snn  .lose 

Lily  L 

Henrietta     


30. 


From. 


Port  Towmend,  V.  S.  A. 
Roche  llHrlior,        " 


Port  Tow  njiend, 
Belirlng  Sen. 


Roche  Hnrbour,  U.  8.  A. 
Han  Francisco,       " 

North  Pncific  Ocean. 
Roche  Harbor,  U.  S.  A. 


Add  to  list  of  "  Canadian  Vessels "  in  1887  the  Schnr. 
Lottie  Fairfield,  165,  Schnr.,  1887,  from  San  Francisco,  of 
Yarmouth,  Nova  Scotia. 


EXHIBIT  No.  4  (U.  8.),  CLAIM  No.  1. 

REGISTERED    VESSEL. 

'^°  Owner's  Oath. 

District  of  San  Francisco.  J 
Port  of  San  Francisco.        ( 

I,  John  A.  Bechtel,  of  Auburn,  in  the  county  of 
Placer,  and  State  of  California,  do  swear,  according  to  the 
best  of  my  knowledge  and  belief,  that  the  Schooner  called 
the  "City  of  San  Diego,"  of  San  Francisco,  is  of  burden 
46  and  t>jj\  tons,  and  was  built  at  San  Francisco,  in  the 
-Q  State  of  California,  in  the  year  one  thousand  eight  bun- 
'  dred  and  eighty- one;  that  I  am  a  citizen  of  the  United 
States;  that  my  present  usual  place  of  residence  or  abode 
is  Auburn,  in  the  County  of  Placer  and  State  of  Cali- 
fornia; and  that  I  am  the  true  and  sole  owner  of  the  said 
Schooner.  And  that  no  subject  or  citizen  of  any  foreigr, 
power  is,  directly  or  indirectly,  by  way  of  trust,  confi 
dence,  or  otlierwise,  ini crested  therein,  or  in  tiie  prorliooi 
issues  thereof. 

(Signed)        JOHN  A.  BECHTEL. 
(^,     So  help  me  God. 

Sworn  to  and  subscribed  1 
before  me  this  9th  day  > 
of  February,  1896.         ) 
(Signed)       E.  0.  TUTTLE, 

Deputy  Collector  of  Customs. 


n<>i 


,^,. 


50 


10 


30 


(Exhibits  Nos.  4  and  32). 
Master's  Oath. 

I,  Geo.  Wester,  Master  of  the  above  mentioned 
Schooner,  do  solemnly  swear  that  I  am  truly  a  citizen  of 
the  United  States,  having  been  born  in  Norway  and 
Naturalized  in  Sail  Francisco,  Gal.,  in  the  year  1891,  U.  S. 
Dist.  Court. 

(Signed)       Geo.  Wester. 

So  help  me  God. 

Sworn  to  and  subscribed  1 
before  me  this  9th  day  > 
of  February,  189G.         ) 

(Signed)        E.  0.  TUTTLE, 

[seal.]  Deputy  Coll.  of  Customs. 

;  District  and  Port  of  San  Francisco. ; 
;  Collector's  Office.  ; 

;  Dec.  11,  1896.  : 

;  I  hereby  certify  the  above  to  be . 
;a  true  copy  of  the  original  on  file* 
;  in  this  Office.  ; 

•  N.  S.  Fabikt,  : 

:  Deputy  Coi'3ctor.     ; 


The  certified  copy  of  Bill  of  Sale  and  Certificate  of 
Registry  which  form  part  of  this  Exhibit  No.  4  (U.  S.), 
by  order  of  the  Commissioners  on  consent  of  counsel  are 
not  printed. 


30 


Claim  No.  3,  "  Onward.' 


i  '■ 


EXHIBIT  No   32  (0.  B.),  CLAIM  No.  8 

Inventory    of     Property    on     board     British     schooner 

"Onward,"  delivered  into  custody  of  U.  S.   Depy. 

^°        Marshall,  Isaac  Anderson.  Ounalaska,  August  13th, 

1886. 

1    Schooner,  the  "Onward,"  Victoria,  B.  C. 

3  anchors;  fair. 

1  Adz;  fair. 

2  Axes,  fair. 

2  Belts,  life;  poor. 

2  Blocks,  double,  12";  fair. 

1  Brace  and  bit;  fair. 

50     1  Binnacle,  light;  fair. 

1  Broom  corn. 

1  Chronometer;  good. 

4  Compasses;  fair. 

2  Cables, 

li  Casks,  water;" 

i  Ton  coal,  good. 

1  Clock;  good. 

1  Chart,  General  Pacific;  poor. 

9  Canoes;  fair. 

60     1  Coffee  mill;  fair. 

1  Flag,  British;  fail. 

1  Flag,  iiouse        " 

1  Foghorn;  " 

1  B'ile, 

1  FunneUbucktt)" 


'V 


61 


(Exhibit  No.  32). 

4  Globes,  lantern;  Good. 

2  Hammers;  " 
1  Hamborline,  1  lb,  " 

3  Fathoms  hemp,  2i  " 
1  Doz  knife  sheaths  " 
1  Kettle 

1  Lead  line  &  2  leads  " 

10     2  Lights?,  side  " 

1  Ligiit,  riding;  fair. 

1  Lamp,  globe;  fair. 

2  Lamps,  swinging;  fair. 

175  Fathoms,  Manilla,  3J  in.  new.     Good. 
20  Ditto  old.     Fair. 

1  Package  nails.     Good. 

5  Gals,  oil,  kerosene.     Good. 

2  Gals,  oil,  paint  " 
25    Pounds  oxide  iron  " 

2o     2  Oars  (10  ft.) 

1  Pump,  bilge,  fair. 

1  Pump,  Copper  " 

25  Pounds  paint,  black;  fair. 

1  Pitcher,  water;  good. 

1  Plane,  jack;  fair. 

1  Plane,  hand;   " 

2  Palms,  sewing;  fair. 
2  Pans,  baking;       " 

^8    Paddles 
30     1    Patent  Log  " 


Running  Rigging. 

Main  throat  and  peak  halyards,  sheet,  down  haul  and 
topping  lift,  fore  throat  and  peak  halyards,  sheet, 
down  haul  and  topping  lift,  jib  halyards,  down  haul, 
sheet  and  boom  topping  lift,  flying  jib,  halyards,  down 
haul  and  sheet. 


40 


50 


2 

Boat  falls  on  after  dav 

its. 

00 

Seal  skins. 

2 

Sauce  pans. 

3 

Tons  salt. 

1 

Mainsail,  foresail,  jib,  staysail 

and 

flying  jib;  fair 

3 

Stoves;  good. 

4 

Saws,  fair. 

1 

Screw  clamp; 

fair. 

1 

Spike  marlin; 

li 

3 

Stools, 

4  i 

1 

Saw  set. 

1 

Scraper 

ti 

1 

Shovel 

i  i 

2 

Tanks,  iron 

i( 

1 

Tackle,  watch    " 

2 

Tackle,  boom 

t  k 

4 

Tackle  boats 

"or  hoisti 

ngout; 

fair 

1 

Pound  twine, 

sewing; 

fair. 

25 

Pounds  white  lead. 

1 

Wrench,  moi 

key. 

60 


Provisions. 


800    Pound  rice;  good. 
15    Boxes  bread;  poor. 
10    Sacks  flour; 


52 

(Exhibits  Nos.  32,  33,  34  and  35  >. 

1^  Barrels  molasses;  good. 
20    Pounds  beans;  " 

6    Pounds  lard;  " 

Received  from  Captain  C.  A.  Abbey,  commanding  U.  S. 
Revenue  Steamer  "Corwin."  the  above  mentioned  prop- 
erty, which  I  will  hold  in  my  possession  until  it  is  de- 
.^manded  by  legal  authority. 
'°  I.  ANDERSON, 

Depy.  U.  S.  Marshal,  Ounalaska, 

August  14,  1886. 


EXHIBIT  No.  33  (0.  fi.),  CLAIM  No.  3. 

Account  of  seals  taken  by  Indians  on  board  of  schooner 
"  Onward  "  at  Benring  Sea  in  1886. 
2o     By  order  of  the  Commissioners  on  consent  of  counsel 
this  exhibit  is  not  printed. 


EXHIBIT  No.  34  (G.  B),  CLAIM  No.  3. 

Agreement  dated  December  30,  1886,  between  Charles 
Sprmg  and  Alexander  Mcljean,  dissolving  their  partner- 
ship. 

By  order  of  the  Commissioners  on  consent  of  counsel 
S^thir.  exhibit  is  not  printed. 


EXHIBIT  No.  36  (0.  B),  CLAIM  No.  3. 

Certified  transcript  of  Record  and  Proceedings  had  in 
United  States  District  Court  of  Alaska,  in  the  case  of  the 
United  States  vs.  Daniel  Monroe. 

The  proceedings  in  this  case  were  similar  to  those  taken 
40 against  James  Ogilvie  as  shown  in  Exhibit  No.  1!)  (G.  B.) 
printed  above,  except  as  to- the  proceedings  following  the 
"  Order  in  the  matter  of  the  Time  for  Trial,"  and  by  order 
of  the  Commissioners  on  consent  of  counsel  only  such  part 
of  the  record  is  printed  here. 


'N  THE  DISTRICT  COURT  OF  THE  UNITED  STATES, 
District  of  Alaska. 

United  States  of  America,  )    ,  . 
50  District  of  Alaska.  ^ -s  • 

The  Preside))  t  of  the  U))ited  States  <:j  Anie)ica  to  Michael 
Harkin,  Alfred  NiGiiTENGAtt:,"  G)eeti))f/ : 
You  are  hereby  coniniandeil  to  ajjpear  before  the  District 
Court  of  the  United  States,  fof  the  District  of  Alaska,  at 
Sitka  in  said  District,  oil  Monday  the  30tb  day  of  August 
A.  D.  1886.  at  '.»  o'clock  A.  M.  of  that  day,  to  testify  as  a 
witness  on  behalf  of  the  plaintiff  in  the  case  of  The  United 
States  vs.  Daniel  Monroe,  heieof  fail  not. 

'K3  Witness  the  Honorable  Lafayette  Dawson,  Judge 

[l.  s.]  of  said  Court  and  seal  thereof  affixed  at  Sitka 

in  said  District,  this  27th  day  of  August  A.  D. 
1886. 

ANDREW  T.  LEWIS. 

Clerk. 


53 


(Exhibit  No.  35). 


United  States  of  Ahirica,  ) 
District  of  Alaska.  ( 


ss. 


I  hereby  certify  and  return  that  the  within  subpoena 
carae  into  my  hands  for  service  on  the  27th  day  of  August, 
1886,  and  on  the  same  day  I  personally  served  the  same 
on  the  within  named  Alfred  Nightingale  and  Michael 
Harkin,  by  reading  the  within  to  them  personally  and  gave 
'°to  them  a  true  copy  of  the  within  at  Sitka  Alaska  Ty. 

BARTON  ATKINS, 

U.  S.  Mai«hal. 
By  John  Hanlon, 

Spec.  Dep.  U.  S.  Marshal. 

(Endorsed)— No.  87.  In  the  District  Court  of  the  United 
States  for  the  District  of  Alaska  The  United  States  vs. 
Daniel  Monroe.    Subpoena  for  the  Plaintiff. 

And  on  August  31,  1886,  the  following  further  proceed- 
2oiDgs  were  had  and  appear  of  record  in  said  cause,  which 
are  in  words  and  figures  following,  to  wit: 

In  the  matter  of  the  1 

United  States  .,     -,,       ,  __ 

yg  I   No.  79  and  87. 

Daniel  Monroe  and  I    Amended  Information. 

J.  Marketich.        J 

Comes  now  M.  D.  Ball  U.  S.  District  Attorney  for 
Alaska  and  moves  the  Court  for  leave  to  file  an  amended 
Information  in  Cause  No.  79  and  87,  making  ioiuder  of 
the  two  causes  of  action. 

It  is  ordered  that  leave  be  granted. 

In  the  District  Court  of  the  United  States  for  the  Dis- 
trict of  Alaska. 


The  United  States    1 
vs. 
Daniel  Munroe  and 
J.  Marketich.         J 


[  Information. 


40  District  of  Alaska,  ss. : 

Daniel  Munroe  and  J.  Marketich  ait»  accused  by  M.  D. 
Ball,  U.  S.  District  Attorney  for  Al.i^ka  by  this  amended 
information  of  the  crime  of  killing  fur  bearing  animals 
within  the  limits  of  Alaska  Territory  and  in  the  waters 
thereof,  committed  as  follows: 

The  said  Daniel  Munroe  and  J.  Marketich  on  the  second 
day  of  August,  A.  D.  1886,  in  the  District  of  Alaska  and 
within  the  jurisdiction  of  this  Court,  to  wit:  within  the 
limits  of  Alaska  Territory  and  in  the  waters  tlu^eof  did 
5okill  twenty  fur  seal,  1  otter,  1  marten,  1  mink,  1  sable. 
Contrary  to  the  Statutes  of  the  United  States  in  such 
cases  made  and  provided  and  against  the  peace  and  dig- 
nitv  of  tiie  United  States  of  America. 
Dated  at  Sitka,  the  30th.  day  of  August,  1886. 

M.  D.  BALL, 
U.  S.  District  Attorney  for  Alaska. 
District  of  Alaska,  ss. : 

I,  M.  D.  Ball,  U.  S.  District  Attorney  for  Alaska,  being 
duly  sworn  say  the  within  information  is  true,  as  I  verily 
Cto  believe. 

M.  D.  BALL. 
Subscribed  and  sworn  to  before  me  this  25th  day  of  Au- 
gust, A.  D.  1886. 

ANDREW  T.  LEWIS, 
[L.  8.]  Clerk. 


■•  ■-»■■ 


ir 


imw 


B' 


'■Pi 


10 


Demurrer. 


20 


30 


04 

(Exhibit  No.  35). 

(Endorsed)— No.  87.  In  the  District  Court  of  the  United 
States  for  the  District  of  Alaska.  The  United  States  vs. 
Daniel  Muuroe  and  J.  Marketich,  R.  S.  Sec.  1966. 
Information.  Filed  Aug.  31  A.  D.  1886.  Andrew  T. 
Lewis,  Clerk. 

In  the  District  Court  of  the  United  States  for  the  Dis- 
trict of  Alaska. 

United  States,  Pltfs. 

i>s. 

Daniel  Monroe  and  James 

Marketich,  Defts. 

Come  now  the  defendants  and  demur  to  the  informa- 
tion herein  for  the  reason  that  the  same  does  not  state 
facts  sufficient  to  constitute  an  ot¥ence  known  to  the  law. 
W.  CLARK  and  D.  A.  DINGLE Y, 

Attys.  for  Defts. 
Dated  Sept.  6,  1886. 
(Endorsed)— In  the  District  Court  of  the  United  States 
for  the  District  of  Alaska.     United  States   vs.   Daniel 
Monroe  and  James  Marketich.    Demurrer.    Filed  Sept.  6, 
1886. 

W.  CLARK  and  D.  A.  DINGLEY, 

Attys.  for  Defts. 

U.  S.  vs.  Daniel  Monroe  and  J.  Marketich  Schooner 

"Onward." 


Capt.  Abby: 


Evidence  of  Prosecution. 


1  am  captain  in  the  U.  S.  R.  Marine,  Captain  of  the 
"  Corwin."  Was  in  Behring  Sea  on  2nd  of  August,  about 
no  to  120  miles  S.  E.  of  St.  George's  Island,  (Locality  in- 
dicated on  the  map  as  nearly  as  possible),  between  4  and  5 
A.  M.  Was  called  by  1st  Lieut.,  who  said  there  was  a 
schooner  in  sight  taking  seal  in  Behring  Sea.  He  asked 
what  he  would  do  with  her.     I  told  him  to  seize  her.    We 

"^^ hailed  her  and  put  a  petty  officer  on  board.  I  did  not 
board  her  myself  and  saw  nothing  at  the  time  to  indicate 
that  they  were  taking  seal.  Did  not  go  on  board  or  see 
any  seal  on  board.  This  point  is  abo'it  112  miles  S.  E. 
magnetic  H.  S.  E.  true  compas  from  St  Paul's  Island  in 
Behring  Sea,  and  so  miles  N.  W.  of  Oonalaska.  It  was 
east  of  the  193'  W.  Long.  500  or  GOO  within  the  boundary 
on  the  N.  W.  My  orders  from  the  Secretary  of  the 
Treasury  were  to  seize  all  persons  violating  the  treaty  by 
getting  any  fur  bearing  animals,  etc.     I  was  also  provided 

5°  with  instructions  as  to  what  the  boundary  of  Alaska 
waters  was.  I  arrested  the  vessel.  She  was  a  two 
masted  schooner.  Had  a  crew  of  whites  and  Indians. 
Has  7  or  S  canoes.  She  was  on  a  well  known  sealing 
ground  and  had  every  evidence  of  being  sealing.  A  vessel 
would  not  geneially  have  so  large  a  crew  if  engaged  in 
ordinary  traffic.  The  men  I  see  here  conducted  themselves 
and  acted  as  master  and  mate.  We  seized  the  schooner 
and  took  her  to  Oonalaska. 

6o  Cross  examined  by  Mr.  Dingley: 

There  were  about  IS  Indians  aboard  the  schooner  sitting 
about  the  decks,  and  about  one  or  two  white  men  on 
deck;  this  was  early  in  the  morning. 

From  the  locality  in  which  I  foimd  them  I  imagined 
they  were  sealing.     The  Indians  are  h(  re  in  Sitka  to  the 


(Exhibit  No.  36). 

best  of  my  belief.  The  prisoners  were  turned  over  to  the 
U.  S.  Marshal.  My  instructions  were  to  arrest  any  and 
all  persons  and  all  vessels. 

Lieut.  Howison: 

I  am  a  Lieutenant  in  the  U.  S.  R.  Marine.  I  am  on  the 
"  Corwin."  On  the  2nd  Aug.  I  was  1st.  Lieut.  I  was 
executive  officer.  I  was  on  watch,  from  4  to  8  a.  m.  I 
saw  the  defendant  on  that  morning.  I  spoke  the  schooner 
between  4  and  6  a.  m.  Hailed  him  and  he  said,  "yes  he 
was  sealing."  Mr.  Windslow  and  the  men  boarded  her. 
I  took  the  men  and  put  them  on  board  the  "  Carolina." 
The  two  men  I  see  were  aboard.  I  saw  the  Captain.  The 
captain  is  Mr.  Munroe.  We  were  in  56°  North  Lat.  and 
167°  40'  West  Longitude  and  110  to  116  miles  S.  E.  of  St. 
George's  Island.  She  was  taken  within  500  or  600  miles 
E.  of  the  boundary  line.  I  saw  the  parties  myself.  I 
2Q  pulled  alongside  and  put  the  men  aboard.  Did  not  go 
aboard  myself.  When  I  hailed  them  they  answered 
"yes,  they  were  catching  seal."  She  had  canoes  and 
Indians.  I  found  out  afterwards  that  she  had  9  canoes 
and  18  Indians.  Such  an  equipment  is  not  usual  for 
ordinary  purposes. 

Cross-examined  by  Mr.  Dingley: 

I  received  an  answer  on  hailing  her  but  do  not  know 
who  answered. 

^Q  By  District  Attorney : 

The  reply  to  hailing  is  generally  given  by  the  master  or 
the  mate  or  officer  of  the  watch. 

Winslow: 

I  am  Bo's'n.  of  "Corwin."  I  was  in  Behring  Sea  on 
the  2nd  Aug.  I  have  seen  the  tw^o  parties.  I  was  on 
board  the  schooner.  I  was  placed  in  charge.  I  went 
aboard  and  after  making  fast,  made  sail.  I  had  a  conver- 
sation with  both  the  pai'ties.  I  said  "you  caught  some 
seal,  Captain,"  and  he  said  "well  its  no  use,  we  must 
'^^make  the  best  of  it."  "It  was  no  use  running  away,  they 
would  have  caught  us  if  I  had."  There  were  between  20 
and  30  seals  dead  in  the  boats.  I  know  they  were  fresh 
killed  from  the  blood  running  from  them.  There  were 
seal  skins  lying  all  around.  They  were  all  fur  seals.  I 
do  not  know  anything  about  skinning  seals.  I  think  they 
are  usually  skinned  after  putting  them  aboard. 

Cross-examined  by  Mr.  Dingley: 
This  is  the  first  time  I  ever  came  up  here.     I  have  no 
50 experience  in  the  difference  between  fur  and  hair  seals. 
The  difference  I  know  is  that  a  hair  seal  has  no  fur. 

Nelson : 

On  the  2ud  Aug.  I  was  on  board  the  "Corwin."  I  am 
a  seaman.  I  have  seen  the  two  parties.  The  Captain 
hollered  out  to  him,  and  he  said  he  was  catching  seals. 
The  first  Lieutenant  put  me  aboard,  and  I  saw  the  Captain 
and  mate  of  the  schooner,  and  some  seals.  I  don't  Know 
how  long  seals  are  kept  before  they'r  skinned. 

6oJ.  C.  Cantwell: 

I  am  third  Lieutenant  in  the  U.  S.  Revenue  Marine 
Service,  at  present  third  Lieutenant  on  board  the 
"Corwin."  I  have  had  some  experience  in  Alaskan 
waters.  The  cnstoni  in  killing  seals  is  to  drive  the  seals 
inland  away  from  othei-  seals  and  club  them,  then  they 


'Pld 


) 

m^ 

i 

m 

If 

HH 

f 

iMInl 

( 
1 

i 

i 

!  I 


i  3ii  -i  * 

ti 


66 


(Exhibit  No.  35). 

are  stabbed  and  immediately  skinned,  and  left  to  cool  off 
and  then  salted  for  8  days.  I  was  present  at  the  capture 
of  the  schooner  '"Onward."  The  skm  lies  on  the  ground 
after  being  taken  fiom  the  seal  and  id  salted  down  when 
cool.  That  is  about  3  or  4  hours.  If  killed  in  the  after- 
noon they  would  be  salted  in  the  afternoon.  The  skinning 
takes  place  immediately  after  killing.  This  is  a  vital 
ID  necessity.  If  they  were  allowed  to  remain  on  the  seal  an 
entire  day  putrification  would  take  place  and  would  injure 
the  pelt. 

E.  H.  Brown: 

I  am  deputy  Collector  of  Customs  for  the  Port  of  Sitka, 
Alaska.  My  instructions  with  regard  to  the  seal  fishery 
are  as  follows:  (Letter  of  instructions  was  read.)  (Also  a 
full  copy  of  same  in  the  Alaskan  newspaper.  Copy  was 
produced  by  witness  and  read.) 
2o  (Endorsed)— No.  87  and  89.  Evidence  schooner  United 
States  vs.  Daniel  Monroe  and  J.  Marketich. 
Filed  Sept.  1886. 

ANDREW  T.  LEWIS, 

Clerk. 
And  on  September  6th,  1886,  the  following  further  pro- 
ceedings wei-e  had  and  appear  of  record  in  said  cause, 
which  are  in  words  and  figures  following,  to  wit: 

In  the  matter  of  the 

No.  79  and  87. 


30 


United  States 

vs. 

Daniel  Monroe  and 

J.  Marketich. 


J 


Amended  Information. 


Now  at  this  time  comes  M.  D.  Ball  U.  S.  District 
Attorney  for  Alaska,  and  moves  the  Court  for  leave  to 
file  an  amended  Information  in  Nos.  79  and  87  making 
joinder  of  the  two  causes  of  action  in  one  information, 
the  act  cliaiged  as  an  offence  having  been  committed 
jointly.  It  is  ordered  that  leave  be  granted. 
40  Comes  now  Daniel  Moi»roe  and  J.  Marketich,  and  being 
duly  arraigned  upon  said  information  filed,  for  plea 
thereto  each  says  he  is  not  guilty  as  charged. 

Comes  now  W.  Clark  and  D.  A.  Dingley,  Attorneys  for 
the  above  named  defendants  and  files  demurrer  to  the 
amended  information.  It  is  considered  and  ordered  that 
the  demurrer  be  overruled. 

Comes  now  the  parties  ahove  named  by  their  respective 
attorneys  M.  D.  Ball  for  plaintiff,  and  W.  Clark  and  D.  A. 
Dingley  for  defendants,  and  this  cause  coining  on  for  trial 
50 demand  a  jury. 

Whereupon  the  following  panel  of  18  jurors  were  called: 

E.  O.  Decker,  Charles  Moise,  '\.  Hoff,  Max  Cohen,  Sam 
Konn,  D.  A.  Petterson,  George  Foster,  O.  F.  Northup,  C. 

F.  Jones.  P.  J.  Callsen,  N.  A.  Fuller.  Walter  Thomas, 
Alex.  Long,  James  Grant.  James  McKeen,  B.  K.  Cowels, 
0.  P.  Baker,  and  B.  F.  Biiglitman,  who  were  svvoin  to 
answer  questions  touching  their  qualifications  to  set  as 
jurors  in  this  cause,  were  then  tried  and  examined  as  to 
their  qualification.     Whereupon  plaintiff's  attorney  being 

60 entitled  to  three  pre-emptory  chalenges,  strike  from  the 
list  of  names,  three  of  the  jurors  above  named,  defendants 
being  entitled  to  three  pre-emptory  chalenges,  strike  from 
the  list  of  names  three  of  the  jurors  above  named. 
Whereupon  the  following  jury  were  sworn  to  well  and 
truly  try  the  issue  joined  and  a  true  verdict  render  accord- 


'■Wii 


67 

(Exhibit  No.  35). 

ioK  to  the  law  and  erideDce,  viz:  E.  O.  Decker,  Charles 
Morse,  H.  Hoff,  Max  Cohen,  Sam  Koim,  O.  F.  Northup, 
P.  J.  Callsen,  N.  A.  Fuller,  James  Grant,  B.  K.  Cowels, 
0.  P.  Baker,  and  B.  F.  Brightman. 

Whereupon  the  following  witnesses  were  sworn  and 
testified  on  the  part  of  the  plaintiff,  viz:  Capt.  C.  A. 
Abbey,  0.  T.  Winslow,  J.  W.  Howison,  Albert  Leaf,  E. 
10  H.  Brown,  Oscar  Nelson,  and  J.  C.  Cantwell,  after  which 
plaintiff  rest.  Whereupon  defendant  announce  they 
have  no  evidence  to  produce,  after  which  defendant  rest. 

After  hearing  instructions  of  the  Court  and  argument 
of  counsel  the  ]ury  retire  in  charge  of  a  sworn  officer  to 
deliberate  upon  it.  And  after  being  out  for  a  time  return 
into  Court  and  render  the  following  verdict:  We  the  jury 
find  the  defendant  guilty  as  charged  in  the  information 
and  fix  the  penalty  for  Capt.  Munroe  at  $200.00  fine  and 
thirty  days  imprisonment,  and  for  the  Mate  fix  the  pen- 
2oalty  at  thirty  (30)  days  imprisonment.  O.  P.  Baker,  Fore- 
man. 

Whereupon  the  defendants  being  called  and  asked  if 
they  have  any  reason  why  the  judgment  of  the  Court 
shall  not  be  pronounced  against  them,  are  unable  to  give 
any  and  defendants  each  personally  waiving  further  time 
to  receive  sentence:  It  is  considered  and  ordered  that 
Daniel  Monroe's  punishment  be  assessed  at  two  hundred 
($200.00)  dollars  fine  and  thirty  (30)  days  imprisonment, 
and  that  J.  Marketich's  punishment  be  assessed  at  thirty 
30  (30)  days  imprisonment. 

We  the  jury  find  the  defendants  guilty  as  charged  in 
the  information,  and  fix  the  penalty  for  the  Captain  Mon- 
roe at  $200.00  two  hundred  dollars  fine  and  thirty  (30) 
days  imprisonment,  and  for  the  mate  fix  the  penalty  at 
thirty  (30)  daA'^s  imprisonment. 

O.  P.  BAKER, 

Foreman. 

(Endorsed)— Verdict.  Filed  this  ti  day  of  September 
1886.     Monroe  and  Marketich. 

And  on  the  same  day  September  6,  LSSG,  the  following 
further  proceedings  were  had  and  appear  of  record  in  said 
cause,  which  are  in  words  and  figures  following,  to  wit: 

In  the  matter  of  the      i 
Money  and    Clothing    of  >• 
Daniel  Monroe.  ) 

Comes  now  Daniel  Monroe  by  his  attorney  and  moves 
the  Court  that  the  private  money  and  clothing  in  the 
hands  of  the  U.  S.  Marshal  be  turned  over  to  him.  Where- 
50 upon  Daniel  Munroe  was  called,  sworn  and  testified.  The 
Court  now  being  fully  advised  in  the  premises,  it  is  ordered 
that  the  money  and  clothing  belonging  to  him,  the  said 
Daniel  Monroe,  be  returned. 


■jUq 


,iSi  iJ 


58 


(Exhibits  Nos.  35,  36  and  37). 

In  the  District  Court  of  the  United  States  for  the  Dis- 
trict of  Alaska. 
United  States  Plaintiffs 


Motion  to  dismiss. 


vs. 
Daniel  Monroe  and  James 
Marketich,  Defts. 
Now  come  the  defendants  and  move  the  Court  to  dis- 
'°mi98  the  action  for  the  reason  that  the  Court  has  no  juris- 
diction over  them  or  of  the  subject  matter  of  the  offence. 
W.  CLARK  and  D.  A.  DINGLEY, 
Attys.  for  Defts. 
Dated  Sept.  6,  1886. 

(Endorsed)— No.  .    In  the  District  Court  of  the 

United  States.    United  States  va.  David  Monroe  and  John 
Marketich.     Motion  to  dismiss.    Sept.  7. 

W.  CLARK  and  D.  A.  DINGI-RY, 
Attys.  for  Defts. 


20 


EXHIBIT  No.  36  (O.  B.),  CLAIM  No.  8. 

Certified  transcript  of  Record  and  Proceedings  had  in 
United  States  District  Court  of  Alaska  in  the  case  of 
United  States  vs.  John  Marketich. 

The  proceedings  in  this  case  were  similar  to  those  taken 
against  Daniel  Monroe  as  shown  in  Exhibit  No.  35  (G. 
,qB.),  printed  above,  except  as  to  the  "  Order  in  the  matter 
of  Money  and  Clothing,  etc.,"  which  does  not  appear  in 
this  record  and  by  order  of  the  Commissioners  on  consent 
of  counsel  this  exhibit  is  not  printed. 


!►  No.  49. 


EXHIBIT  No.  37  (G.  B.),  GLAIH  No.  3. 

Copy  of  record  and  proceedings  in  United  States  District 
Court  in  Alaska  in  case  of  United  States  vs.  schooner 
4°  "Onward." 

In  the  District  Court  of  the  United  States  for  the  District 
of  Alaska,  in  Admiralty. 

Pleas  and   proceedings  began  and  had  in  the  District 
Court  of  the  United  States  for  the  District  of  Alaska. 
The  United  States  ) 

vs. 
The  Schooner  "Onward,"  her  Tackle, 
Apparel,  Boats,  Cargo  and  Furniture. 

SO  Be  it  remembered:  That  at  a  stated  term,  to-wit,  the 
May  term,  1886,  of  the  District  Court  of  the  United  States, 
for  the  District  of  Alaska,  began  and  held  at  Sitka  in  said 

District  on  Monday  the day  of  May  1886,  and 

adjouined  from  time  to  time  until  August  28,  1886,  when 
M.  D.  Ball  Esq.,  TJ.  S.  Attorney  for  the  District  of  Alaska 
presented  and  filed,  the  libel  of  information  in  said  cause 
which  is  in  words  and  figures  following,  to-wit: 

In  the  District  Court  of  the  United  States  for  the  Dis- 
trict of  Alaska. 
6o     August  special  term,  1886. 

To  the  Honorable  Lafayette  Dawson,  Judge  of  the  said 
District  Court.  T- 

The  libel  of  information  of  M.  D.  Ball  Attorney  for  the 
United  States  for  the  District  of  Alaska,  who  prosecutes 
on  behalf  of  the  United  States,  against  the  schooner  "  On- 


50 


(Exhibit  No.  37). 

ward,  her  tackle,  apparel,  boats,  cargo  and  furniture,  and 
against  all  persons  intervening  for  their  interest  therein, 
in  a  cause  of  forfeiture,  alleges  and  informs  as  follows: 

That  Charles  A.  Abbey,  an  officer  in  the  Revenue  Ma- 
rine Service  of  the  United  States  and  on  special  duty  in 
the  waters  of  the  District  of  Alaska,  heretofore,  to  wit, 
on  the  2d  day  of  August,  1886,  within  the  limits  of  Alaska 
10  Territory  and  in  the  waters  thereof,  and  within  the  civil 
and  judicial  District  of  Alaska,  to-wit,  within  the  waters 
of  that  portion  of  Behrings  Sea  belonging  to  said  District, 
on  waters  navigable  from  the  sea  by  vessels  of  ten  or 
more  tons  burden,  seized  the  ship  or  vessel  commonlv 
called  a  schooner,  the  "Onward,"  her  tackle,  apparel, 
boats,  cargo  and  furniture,  being  the  property  of  some 
person  or  persons  unknown  to  the  said  Attorney,  as  for- 
feited to  the  United  States  for  the  following  causes: 
That  the  said  vessel  was  found  engaged  in  killing  fur 
20  seal  within  the  limits  of  Alaska  Territory,  and  in  the 
waters  thereof,  in  violation  of  section  nineteen  hundred 
and  fifty-six  of  the  Revised  Statutes  of  the  United  States. 
And  the  said  Attorney  saith  that  all  and  singular  the 
premises  are  and  were  true  and  within  the  admiralty  and 
maritime  jurisdiction  of  this  Court;  and  that,  by  reason 
thereof,  and  by  force  of  the  statute  of  the  United  States 
in  such  case  made  and  provided,  the  aforementioned  and 
described  schooner  or  vessel,  being  a  vessel  of  over  twenty 
tons  burden,  her  tackle,  apparel,  boats,  cargo  and  furni- 
Soturo,  became  and  are  forfeited  to  the  use  of  the  said 
United  States,  and  that  said  schooner  is  now  within  the 
District  aforesaid. 

Wherefore  the  said  Attorney  prays  that  the  usual  pro- 
cess and  monition  of  this  honorable  court  issue  in  this  be- 
half, and  that  all  persons  interested  in  the  before  men- 
tioned schooner  or  vessel  may  be  cited  iu  general  and 
special  to  answer  the  premises,  and  that  all  due  proceed- 
ings being  had,  that  the  said  schooner  or  vessel,  her 
tackle,  apparel,  boats,  cargo  and  furniture,  may  for  the 
40 cause  aforesaid,  and  others  appeavin;^,  be  condemned  by 
the  definite  sentence  and  decree  of  this  Honorable  Court, 
as  forfeited  to  the  use  of  the  said  United  States  accord- 
ing to  the  form  of  the  Statute  of  the  United  States  in 
such  case  made  and  provided. 

M.  D.  TjALL, 
U.  S.  District  Attorney  for  the  District  of  Alaska. 
(Endorsed)— No.   40.     United  States  vs.   Schooner  "On- 
ward."   Libel  of  Information.     Filed  this  28th  day  of 
August,  18S6. 
5°  ANDREW  T.  LEWIS, 

Clerk. 

Be  it  further  remembered  that  on   said  28th  day  of 
August,  1886,  a  motion  was  duly  issued  in  said  cause 
which  is  in  words  and  figures  as  follows,  to-wit: 
District  os  Alaska  Sct. 

The  President  of  the  United  States  of  America  to  the 
Marshal  of  the  District  of  Alaska,  greeting: 

Whereas  a  libel  of  information  hath  been  filed  in  the 
6o  District  Court  of  the  United  States  for  the  District  of 
Alaska,  on  the  28th  day  of  August,  in  the  year  1886,  by 
M.  D.  Ball,  United  States  Attorney  for  the  District  afore- 
said, on  behalf  of  the  United  States  of  America,  against 
the  schooner  "Onward,"  her  tackle,  apparel,  boats,  cargo 
and  furniture,  as  forfeited  to  the  use  of  the  United  States 


liMUH 


ppp- 


«0 


l.r ;  • 


<fMi 


(Exhibit  No.  37). 

for  reasons  and  causes  in  said  libel  of  information,  and 
praying  that  the  usual  process  and  monition  of  the  said 
Court  in  that  behalf  be  made,  and  that  all  persons  inter- 
ested in  said  schooner  "Onward,"  her  tackle,  apparel, 
boats,  cargo  and  furniture  may  be  cited  in  general  ana 
special  to  answer  the  premises  and  all  proceedings  being 
had,  that  the  said  schooner  "  Onward,"  her  taclcle,  ap- 

loparel,  boats,  cargo  and  furniture  may  for  the  causes  m 
the  said  libel  of  information  mentioned  be  condemned  as 
forfeited  to  the  use  of  the  United  States. 

You  are  therefore  hereby  commanded  to  attach  the 
schooner  "  Onward,"  her  tackle,  apparel,  boats,  cargo  and 
furniture,  to  detain  the  same  in  your  custody  until  the  fur- 
ther orderof  the  court  respecting  the  same,  and  to  give 
notice  to  all  persons  claiming  the  same,  or  knowing  or  hav- 
ing anything  to  say  why  the  same  should  not  be  condemned 
and  sold  pursuant  to  the  prayer  of  the  said  libel  of  in- 

20  formation,  that  they  be  and  appear  before  the  said  court  to 
be  held  in  and  for  the  District  of  Alaska  on  the  4th  day  of 
October  1886,  at  lOo'clock  in  the  forenoon  of  the  same  day, 
if  the  vsame  shall  be  a  day  of  jurisdiction,  otherwise  on  the 
next  day  of  jurisdiction  thereafter,  then  and  there  to  in- 
terpose a  claim  for  the  same  and  to  make  their  allegations 
in  thnt  behalf.  And  what  you  shall  have  done  in  the 
premises  do  you  then  and  there  make  return  thereof 
together  with  this  writ. 
Witness  the  Honorable  Lafayette  Dawson,  Judge  of 

30 said  Court,  and  the  seal  thereof  atfixed  at  the  city  of 
Sitka  in  the  District  of  Alaska  this  28th  day  of  August,  in 
the  year  of  Our  Lord,  one  thousand  eight  hundred  and 
eighty-six,  and  of  the  Independence  of  the  United  States 
the  one  hundred  and  eleventh. 

ANDREW  T.  LEWIS, 
Clerk. 
(Endorsed)— .No.   49.  — United  States  vs.  Schooner  "On- 
ward." —  Monition. —Returned    and   filed   Oct.   4th, 
1886. 

40  ANDREW  T.  LEWIS. 

Clerk. 

RETURN  OF  MONITION. 
Sitka,  District  of  Alaska,  ss. : 

Be  it  rc-membeied  that,  in  obedience  to  the  annexed 
monition,  I  have  attached  the  within  described  property, 
and  now  hold  the  tamo  in  my  possession  subject  10  the 
order  of  this  Honorable  Court. 

And  I  have  given  ilue  notice  to  all  persons  claiming 
50  said  property  to  be  and  appear  before  this  District  Court 
on  the  4th  day  of  October  1886,  at  ten  o'clock  a.  m.,  if  the 
same  shall  be  a  day  of  jurisdiction,  otherwise  on  the 
next  day  of  jurisdiction  thereafter,  then  and  there  to 
make  their  claims  and  allegations  in  that  behalf; 

And  I  have,  as  ordered  by  said  Court,  caused  said  notice 
to  be  published,  in  the  '*  Alaskan  "  a  newspaper  published 
at  Sitka  in  the  said  District,  on  the  4th  day  of  September 
1886,  and  in  each  issue  of  said  newspaper  subsequent 
thereto,  until  said  4th  day  of  October  1886.  Sitka,  Alaska, 
60  October  4,  1886. 

BARTON  ATKINS, 
Marshal,  District  of  Alaska. 


m 


61 

(Exhibit  No.  87). 

And  afterwards,  to-wit,  on  the  6th  day  of  September, 
1886,  the  plaintiff  filed  an  affidavit,  which  is  in  words  and 
figures,  following,  to-wit: 

In  the  United  States  District  Court  in  and  for  the 
District  of  Alaska,  United  States  of  America. 
The  United  States  of  America, 
vs. 
10     The  Schooner  "Onward." 
United  States  of  America,  District  of  Alaska,  ss. : 

C.  A.  Abbey  being  duly  sworn,  deposes  and  says:  That 
he  is  a  and  at  all  times  herein  mentioned  was,  a  Captain 
in  the  United  States  Revenue  Marine,  and  in  command  of 
the  United  States  Revenue  Cutter  "  Corwin." 

That  afflant  and  the  following  named  officers  and  men 
of  said  "Corwin"  are  material  and  necessary  witnesses 
for  the  United  States  in  the  above  entitled  action,  to-wit: 
J.  W.  Howison,  Lieutenant,  C.  F.  Winslow,  Boatswain, 
^°  Albert  Leaf,  Seaman,  J.  C.  Cantwell,  Lieutenant,  J.  H. 
Douglas,  pilot,  and  J.  N.  Rhodes,  Lieutenant. 

That  owing  to  a  scarcity  of  provisions  and  fuel  upon 
said  cutter  "  Corwin  "  the  said  "Corwin  "  and  deponent 
and  said  witnesses  will  be  obliged  to  and  are  about  to  go 
to  sea  within  five  days,  and  out  of  the  District  in  which 
the  said  case  is  to  be  tried  and  to  a  greater  distance  than 
one  hundred  miles  from  the  place  of  trial  of  said  action, 
before  the  time  of  said  trial: 
That  there  is  urgent  necessity  for  taking  the  depositions 
3° of  afflant  and  said  witnesses  forthwith. 

That  Daniel  Monroe  was  master  and  in  possession  of 
said  Schooner  "Onward"  at  the  time  of  the  seizure 
thereof. 

Subscribed  and  sworn  to  before  me  this  6th  day  of  Sep- 
tember, 1886. 

C.  A.  ABBEY. 
Subscribed  and  sworn  to  before  me  this  6th  day  of  Sep- 
tember, 1886. 

ANDREW  T.  LEWIS, 
4°  Clerk. 

(Endorsed)— No  40. — United  States  vs.  Schooner  "On- 
ward."— Affidavit  of  C.  A.  Abbey  on  motion  to  take 
testimony.— Filed  Sept.  6,  1886. 

ANDREW  T.  LEWIS, 

Clerk. 

And  on  the  same  date  the  following  proceedings  were 
had  and  appear  of  record  in  said  cause,  which  are  in  words 
and  figures  following,  to  wit: 

'   In  the  Matter  of  the  United  States  ) 

vs.  > 

"Onward."  ) 

In  the  above  entitled  action  urgent  necessity  and  good 
cause  appearing  therefor  from  the  affidavits  of  C.  A. 
Abbey.  Now,  on  motion  of  M.  D.  Ball,  United  States 
District  Attorney  for  Alaska,  and  counsel  for  the  United 
States  herein:  It  is  ordered  that  the  depositions  of  the 
witnesses  C.  A.  Abbey,  J.  W.  Howison,  J.  C.  Cantwell. 
<5oJ.  M.  Rhodes,  J.  H.  Douglas,  C.  T.  Winslow,  Albert  Leaf, 
be  taken  before  the  Clerk  of  the  said  District  Court  on 
Tuesday,  the  7th  day  of  September,  1886,  at  7  o'clock  p.  M., 
or  as  soon  thereafter  as  the  matter  can  be  reached  at  the 
office  of  the  said  Clerk  at  Stika,  Alaska,  and  if  not  com- 
pleted on  said  evening,  then  the  taking  of  said  deposi- 


li 


rnm^ 


«2 


fi 


(Exhibit  No-  37). 

tions  to  be  continued  by  said  Clerk  from  time  to  time 
until  completed,  that  notice  of  the  time  and  place  of 
taking  Haid  depositioiiH  be  Korved  by  the  Mai'shal  of  said 
District  on  Hans  Outterman,  James  Blake,  Daniel  Munroe 
and  C.  E.  Kay  nor,  and  upon  W.  Clark,  Esq.,  Attorney  at 
Law  on  or  before  September  7th  at  12  M.,  and  that  such 
shall  be  due  and  sumcient  and  renHouablo  notice  of  the 
10  taking  of  said  depositions. 

Done  in  f)pen  Court  this  fith  day  of  September,  1886. 
Now  at  this  time  W.  Clark,  Esq.,  being  present  in  Court 
waives  service  of  notice. 

And  afterwards,  to-wit,  on  the  7th  day  of  September, 
1880,  the  plaintiff  filed  notice  of  taking  depositions  and 
return,  which  is  in  words  and  figures  follov/ing,  to-wit: 

In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska,  United  States  of  America. 
The  United  States  of  America  ) 

20  VS.  \ 

The  Schooner  Onward.        ) 
To  Daniel  Monroe  greeting:  You  are  notified  Ibat  by 
order  of  Lafayette  Uawson,  Judge  of  said  District  Court, 
the  deposition  of  C.  A.   Abbey,   J.   H.    Howison,   C.    F. 
Winslow,  Albert  Leaf,  and  J.  0.  Cantwell,  J.  H.  Douglas 
and  J.  N.  Rhodes  will  be  taken  before  the  Clerk  of  said 
District  Court  at  his  office  in  Sitka  in  said  District  on 
Tuesday,  September  7,  1880,  at  7  o'clock,  p.  m.,  or  as  soon 
thereafter  as  the  matter  can  be  reached,  and  if  not  com- 
3°  Dieted  on  said  evening,  the  taking  of  said  depositions  will 
be  continued  by  said  clerk  from  time  to  time  until  com- 
pleted. 
Dated  September  7,  188G. 

ANDREW  T.  LEWIS, 

United  States  of  America,  District  of  Alaska,  ss. : 

This  is  to  certify  that  on  the  7th  day  of  September, 
1886,  before  12  o'clock  noon  of  that  day,  I  served  the  an- 
4onexed  notice  on  the  within  named  Daniel  Monroe  at  Sitka, 
District  of  Alaska, by  then  and  there  personally  delivering 
to  said  Daniel  Monroe  a  copy  of  said  notice;  and  then  and 
there  gave  him  the  privilege  of  being  present  at  the  taking 
of  said  depositions. 
Dated  September  9,  1886. 

BARTON  ATKINS, 

U.  S.  Marshal. 
(Endorsed)  No.  49.— United  States  vs.   Schooner   "On- 
ward."   Notice  of    taking  depositions    and    return. 
50        Returned  and  filed  this  7th  day  of  Sept.  1886. 

ANDREW  T.  LEWIS, 

Clerk. 

In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska,  United  States  of  America. 
The  United  States,        ) 

vs.  \  No.  49. 

The  Schooner  "  Onward."  ) 
Depositions  of  witnesses  sworn  and  examined  before  me 
6oon  the  7th  day  of  September  A.  D.  1886  at  7  o'clock  p.  M. 
of  said  day,  and  on  September  8tb,  9th,  1886  thereafter, 
at  the  Clerk's  office  of  said  Court  in  Sitka,  District  of 
Alaska,  United  States  of  America,  by  virtue  and  in  pur- 
suance of  the  order  of  the  said  Court  made  and  entered 
in  the  above  entitled  action  on  September  6th  A.  D.  1886, 


(13 


(Exiiibit  No.  37). 

(lirectinf;  that  the  tostiniony  and  depositioiiH  of  uaid  wit- 
nesses bo  taken  before  nio  at  said  Hi'st  mentioned  time 
and  phvce  and  at  such  subsoqut'nt  times  as  tlie  taking  of 
the  same  miKht  be  continued  by  me,  in  said  action  tlien 
and  there  pending  in  the  said  District  Court  between  the 
United  States  as  plaintiff  and  the  Schooner  "Onward*' 
as  defendant,  on  behalf  of  and  at  the  instance  of  the  said 
loplaintiff,  tho  United  States,  and  upon  notice  of  the  time 
and  place  of  taking  said  depositions,  served  upon  Daniel 
Monroe,  the  Captain  of  said  schooner  and  in  possession 
thereof  at  time  of  seizure,  and  upon  W.  Clark  Esq.,  his 
Attorney,  the  owners  thereof  being  unknown  and  with- 
out the  jurisdiction  of  this  Court. 

Captain  C.  A.  Abbey,   being  duly  sworn,  deposes  and 
says: 
Mr.  Pay  son: 

Q.  State  your  name  and  occupation? 
^°  A.  Captain  C.  A.  Abbey;  in  the  United  States  Revenue 
Marine  Service;  at  present  in  command  of  the  U.  S. 
Revenue  Steamer  "  Corvvin  "  on  special  duty  in  Alaska 
waters  for  the  protection  of  the  Seal  Islands,  and  of  the 
Government  interests  generally. 

Q.  What  were  you  doing  and  what  occurred  on  the  2d 
day  of  August  last,  in  the  line  of  your  duty? 

A.  Cruising  in  Behring  Sea,  about  115  miles  southeast 
from  St.  George  Island  and  iu  about  latitude 
and  longitude  ,  between  four  and  five  o'clock 

3°  in  the  morning,  when  First  Lieut.  J.  W  Howison  reported 
to  me  that  there  was  a  schooner  along  aside  of  us  which  in 
answer  to  his  hail,  replied  that  she  was  taking  fur  seal 
here  in  Behring  Sea. 

I  then  directed  him  to  seize  her  and  place  her  in  charge 
of  C.  T.  Winslow,  boatswain  of  the  "  Corwin,"  I  having 
no  commissioned  officer  to  spare  at  that  time.  I  then  got 
a  hawser  to  her  and  proceeded  to  Oonalashka  Harbor, 
where  I  placed  the  vessel,  cargo,  tackle,  furniture  and 
appurtenances  in  charge  of  Deputy  U.  S.  Marshal  Isaac 
4°  Anderson,  of  Oonalashka;  the  cargo  of  fur  skins  being 
stored  in  "  Ketch  "  in  one  of  the  warehouses  of  the  Alaska 
Commercial  Company,  and  under  seal. 

The  arms  and  ammunition  I  took  aboard  the  "  Cor- 
win," and  brought  to  Sitka  and  delivered  them  to  the  U. 
S.  Marshal  there,  the  said  vessel,  tackle,  furnitui-e  and 
cargo  are  now  iu  the  custody  of  the  United  States  Marshal 
of  this  District. 

Q.  Was  this  the  vessel  against  which  the  libel  of  in- 
,   formation  is  filed? 
5°     A.  It  is. 

Q.  Did  this  all  occur  within  the  waters  of  Alaska  and 
within  the  jurisdiction  of  this  Court? 

A.  It  did. 

Q.  Didsthis  occur  within  the  waters  of  the  sea  navigable 
for  vessel!  of  ten  (10)  tons  burden  or  over? 

A.  It  dd. 

C.  A.  ABBEY. 

Subscribed  and  sworn  to  before  me  this  9th  day  of  Sep- 
6otember,  A.  D.  1886,  after  having  been  read  over  by  me  to 
deponent. 

ANDREW  T.  LEWIS, 

Clerk  U.  S.  Dist.  Court. 


■  '■   ,  I 


iiiiiliiii 


0)4 


(Exhibit  No.  3"). 

J.  W.  HowisoN,  being  duly  sworn,  deposes  and  says: 
Mr.  Payson: 

Q.  State  you  name,  age  and  occupation? 

A.  J.  W.  Howison,  am  over  21  years  of  age,  1st  Lieut, 
in  the  U.  S.  Revenue  Marine,  and  executive  officer  on  the 
U.  S.  Revenue  Steamer  "  Corwin,"  and  was  such  on  the 
2nd  of  August  of  this  year. 
10  Q.  State  what  happened  on  Aug.  2nd,  188G,  in  the  line 
of  your  duty? 

A.  Between  4  and  6  A.  M.  I  spoke  the  Schooner  "  On- 
ward," of  Victoria,  B.  C,  and  asked  if  they  were  catching 
seal  in  Behring  Sea,  and  they  answered,  yea.  I  reported 
the  same  to  the  Commanding  officer  of  the  "Corwin," 
who  ordered  the  vessel  seized.  I  lowered  the  boat  with 
the  boatswain,  C.  T.  Winslow,  and  two  men  and  aline, 
pulled  to  the  schooner  and  put  the  boatswain  and  two 
men  on  board;  told  the  Captain  of  the  schooner,  Daniel 
20  Monroe,  that  I  seized  liim  for  catching  fur  seal  in  Behring 
Sea.  I  ran  a  line  from  the  "Onward"  to  the  schooner 
"Carolena,"  already  in  tow,  and  returned  to  the  "Cor- 
win." 

Q.  State  the  place  of  this  seizure  as  near  as  you  can 
recollect. 

A.  The  position  is  given  as  Lat.  55°  North,  and  167''-40' 
west  longitude,  that  is  about  110  or  115  miles  to  the  south 
and  east  of  St.  George. 

J.    W.  HOWISON. 
^°     Subscribed  and  sworn  to  before  me  this  Oth  day  of  Sep- 
tember, A.  D.  1886,  after  having  been  read  over  by  me  to 
deponent. 

ANDREW  T.  LEWIS, 

Clerk  of  the  U.  S.  Dist.  Court. 

Lieut.   John  C.  Cantwell,  being  duly  sworn,  deposes 
and  says: 
Mr.  Payson: 
Q.  State  your  name,  occupation  and  age? 
40     A.  John  C.  Cantwell;  M  Lieut.  U.  S.  Revenue  Marine 
Service,    at    present    on  duty  U.   S.    Revenue  Steamer 
"  Corwin,"  and  over  the  ago  of  twenty-one  years,  and  was 
so  during  two  years  last  past. 
Q.  Do  you  recognize  this  paper  (Exhibit  "  O  ")? 
A.  I  do.     It  is  the  official  inventory  made  by  me  on  or 
about  i2th  of  August,  ISSO,  of  the  furniture,  tackle,  ap- 
purtenances and  cargo  of  the  schooner  "  Onward." 

This  inventory  was  made  in  consequence  of  the  seizure 
of  the  vessel  and  gives  a  true  and  complete  list  of  the  fur- 
5oniture,  tackle,  appurtenances  and  cargo  of  said  schooner 
with  the  exception  of  arms  and  ammunition. 

This  witness  then  signed  his  name  on  the  back  of 
this  paper  for  the  purpose  of  identification,  and  made 
the  same  a  part  of  deposition. 

ANDREW  T.  LEWIS, 

Clerk. 
"  By  Witness: "    "  The  item  400  seal  skins  "  in  said  in- 
ventory means  fur  seal  skins. 

JOHN  C.  CANTWELL, 
60  3d  Lt.  U.  S.  R.  M. 

Subscribed  and  sworn  to  before  me  this  Oth  day  of  Sep- 
tember, 1886,  after  having  been  read  over  by  me  to  de- 
ponent. 

ANDREW  t.  LEWIS, 

Clerk  U.  S.  District  Court. 


(Exhibit  No.  37). 

John  M.  Rhodes,  being  duly  sworn,  deposes  and  says: 
Mr.  Payson: 
Q.  State  your  name,  age  and  occupation. 
A.  John  M.  Rhodes.    I  am  over  the  age  of  twenty-one 
years  and  a  Lieut,  in  the  U.  S.  Revenue  Marine,  and  at- 
tached to  the  Revenue  steamer  "  Cor  win." 
Q.  Do  you  recognise  this  paper? 
10     A.  I  do.   This  paper  marked-  (Ex.  "  M  ")  is  the  clearance 
paper  of  the  schooner  "  Onvvaid,"  Victoria,  B.  C.     I  found 
this  paper  on  the  said  schooner  at  the  time  of  her  seizure 
and  then  and  thei*e  took  i)ossession  or  it. 

The  witness  has  writte?i  his  name  on  the  back  of 
said  paper  for  the  purpose  of  identification  and  makes 
same  part  of  this  deposition. 

ANDREV    T.  LEWIS, 

Clerk. 

Q.  What  arms  and  ammnnition,  if  any,  did  you  find 
*°  aboard  the  schooner  "  Onward"  at  the  time  of  her  seizure? 
A.  12  Guns. 

1  Keg  of  powder  partly  filled. 

1  Can  powder. 

i  Bag  buck  shot. 

2  Small  bags  caps. 

Q.  What  was  done  with  these  arms  and  ammunition? 
A.  Tlwy  were  brought  to  Sitka  on  the  "  Corwiu  "  and 
turned  over  to  the  U.  S.  Marshal  at  Sitka  and  are  now  in 
,^lus  custody. 

'°  JOHN  M.  RHODES. 

Subscribed  and  sworn  to  before  me  this  Oth  day  of 
September.  A.  D.  18St>,  after  having  been  read  over  by  me 
to  deponent. 

ANDREW  T.  LEWIS, 

Clerk  U.  S.  District  Court. 

John  M.  Rhodes,  being  duly  sworn,  deposes  and  says: 
Mr.  Payson: 
Q.  State  your  name,  age  and  occupation? 
^°     A.  John  M.  Rhodes,  Lieut.  U.  S.  Revenue  Marine;  at 
present  of  the  U.  S.Revenue  Steamer  "Coi-win,"and  over 
the  age  of  21  years. 

Q.  Was  any  other  itropeity  seized  upon  the  schooner 
''Onward,"  except  what  is  included  in  the  general  inven- 
tory? 

A.  Tliere  was  a  box  containing  clothing  and  nautical 
instruments.     The  box  was  marked  Daniel  Monroe,  Mas- 
ter of  the  schooner  "Onward." 
Q.  What  was  done  with  this  propei-ty? 
^°     A.  I  tuined  it  over  to  the  United  States  Marshal  at 
Sitka,  and  it  is  now  in  his  custody. 

JOHN  M.  RHODES. 
Subscribed  and  sworn  to  before  me  this  !)th  day  of  Sep- 
tember, A.  D.  188G,  after  having  been  read  over  by  me  to 
deponent. 

ANDREW  T.  LEWIS, 
Clerk  U.  S.  District  Court. 

Charles  T.  Winslow,  being  duly  sworn,  deposes  and 
says: 
Mr.  Payson: 

Q.  State  your  name,  age  and  occupation? 

A.  My  name  is  Charles  T.  Winslow;  48  years  of  age; 
I  am  a  boatswain  on  the  Revenue  Cutter  "  Corwin,"  and 
was  so  on  August  2d,  1886. 


6o 


iKia 


rpr 


.-I  r^i^vm^i  LVdjVUViiH^ip^i^iiHlRi.i  WJ I  ipj^.jyi^.i 


66 


I    '■  f i 


?li! 


(Exhibit  No.  37). 

Q.  State  what  occurred  on  the  last  mentioned  day? 
A.  At  about  5  or  6  A.  M.  I  was  ordered  by  Lieut.  Howi- 
son  to  go  on  board  the  schooner   "Onward,"  which  he 
had  seized,  and  I  did  so. 
Q.  What  did  you  see  on  board,  if  anything? 
A.  About  amidships  on  deck  I  saw  20  or  30  dead  fur 
seal  that  had  not  been  skinned.     Some  of  them   were 
lo  bleeding.     There  were  nine  canoes  on  board  with  bloody 
water  in  them,  and  with  spears  and  outfit  suitable  for 
seal  killing.     Capt.  Monroe,  of  the  "Onward  "  then  told 
me  he  had  caught  25  fur  seal  the  day  before  the  seizure 
and  125  the  day  before  that.    This  was  in  answer  to  my 
statement  that  the  "  Carolena  "  had  75  seal  in  her  boats. 

CHARLES  T.  WINSLOW. 
Subscribed  and  sworn  to  before    me  this  8th  day  '"f 
September,  A.  D.  1886,  after  having  been  read  over  by  luo 
to  deponent. 
20  ANDREW  T.  LEWIS, 

Clerk  U.  S.  District  Court. 

Albert  Leaf,  being  duly  sworn,  deposrs  and  says: 
Mr.  Payson: 
Q.  State  your  name,  age  and  occupation. 
A.  Albeit  Leaf,  over  21  years  of  age  and  a  seaman,  em- 
ployed on  the  Revenue  "Corwin,"and  was  so  on 
the  2d  day  of  August  last. 
Q.  What  happened  on  the  last  named  day  in  connection 
,Q  with  the  schooner  "  Onward." 

A.  I  was  placed  on  board  the  schooner  "Onward  "  by 
Lieut.  Howison,  when  the  vessel  was  seized.  I  saw  dead 
fur  seal  with  fresh  blood  on  them  on  the  forward  deck, 
and  fresh  fur  seal  skins  on  deck,  and  there  were  salted 
fur  seal  skins  in  the  hold.  I  saw  nine  canoes  with  blood 
in  them  and  spears  equipped  for  seal  killing.  All  this  was 
upon  the  schooner  "  Onward  "  at  the  time  of  her  seizure. 

ALBERT  LEAF. 
Subscribed  and  sworn  to  before  me  this  8th  day  of  Sep- 
4otember,  A.  D.  1886,  after  having  been  read  by  me  to  depo- 
nent. 

ANDREW  T.  LEWIS, 

Clerk  U.  S.  District  Court. 


In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska,  United  States  of  America. 

The  United  States        1 

vs.  >  No.  49. 

50 The  Schooner  "Onward."  ) 

Whereas  on  the  6th  day  of  September  1886  the  said  Dis- 
trict Court  duly  made  and  entered  in  the  Journal  of  said 
Court  an  order  directing  that  the  testimony  and  deposi- 
tions of  the  witnesses  C.  A.  Abbey,  J.  W.  Howison,  J.  C. 
Cautwell,  J.  M.  Rhodes,  C.  T.  Winslow,  and  Albert  Leaf 
be  taken  before  me,  the  Clerk  of  said  Court,  at  the  time,  or 
times  and  place,  and  upon  such  notice,  as  are  specified  in 
said  order. 

Now,  therefore,  This  is  to  certify;  that  in  pursuance  of 
60  said  order  on  September  7th,  1886,  at  7  o'clock  p.  m.,  each 
and  all  of  the  above  named  witnesses  ai)peared  before  me  at 
the  clerk's  office  of  said  court  at  Sitka,  District  of  Alaska, 
United  States  of  America;  That  M.  D.  Ball,  Esq.,  Dis- 
trict Attorney  of  said  Court  and  District  and  W.  H.  Pay- 
son,  Esq.  appeared  then  and  there  on  behalf  of  and  as  at- 


67 

(Exhibit  No.  37). 

torneys  and  proctors  for  the  United  States,  the  libellant 
herein;  and  W.  Clerk  Esq.  then  and  there  appeared  on  be- 
half of  and  as  attorney  and  proctor  for  the  said  schooner 
and  her  owners  herein;  and  Daniel  Monroe  then  and  there 
appeared  in  pursuance  of  notice  served  upon  him. 

That  I  was  unable  to  complete  the  taking  of  said  depo- 
sitions on  said  7th  day  of  September,  1886,  and  I  continued 
10  the  taking  thereof  on  theSth  and  9th  of  September,  1886, 
and  completed  the  same  on  said  last  named  day.  That 
the  said  parties  by  their  said  attorneys  and  proctors  then 
and  there  appeared  and  were  present  on  each  of  said  last 
named  days,  and  at  all  times  during  the  taking  of  said  de- 
positions. 

That  each  of  said  witnesses  was  then  and  there  duly 
cautioned  and  sworn  by  me  that  the  evidence  he  should 
give  in  said  action  should  be  *^he  truth,  the  whole  truth, 
and  nothing  but  the  truth,  and  thereafter  each  of  said 
20  witnesses  was  then  and  there  examined  before  me,  and  I 
then  and  there  took  down  the  statement  and  testimony  of 
each  of  said  witnesses,  and  reduced  the  same  to  writing 
in  his  presence,  and  then  read  the  same  over  to  him;  and 
he  then  and  there,  after  the  same  had  been  reduced  to 
writing  and  read  over  to  him,  subscribed  the  same  in  my 
presence,  and  swore  to  the  truth  thereof. 

That  the  foregoing  depositions  are  the  depositions  of 
said  witnesses  then  and  there  taken  before  me  as  afore- 
said.    That  due  notice  of  the  taking  of  said  depositions 
30  was  give'^  as  required  by  said  order. 

Witness  my  hand  and  the  seal  of  said  District  Court 
this  9th  day  of  September,  A.  D.  1886. 

ANDREW  T.  LEWIS, 

Clerk  of  the  United  States 
District  Court  in  and  for  the 
District  of  Alaska,  United 
States  of  America. 

(Endorsed)— No.  49.— U.  S.  District  Court.— Alaska.  —The 
United  States  vs.  The  Schooner  "Onward."— Deposi- 
'^^        tions  of  witnesses  for  the  United  States. 


Inventory  of  property  on  board  Schi*.  "Onward"  de- 
livered into  custody  of  U.  S.  Deputy  Marshal  Isaac 
Anderson,  Ounolaska,  Aug.  15,  1886. 
(This  inventory  is  printed  separately  above  as  Exhibit 

No.  32  (G.  B.),  Claim  No.  3,  and  for  that  reason  is  omitted 

here.) 

50        PORT  OF  VICTORIA,  BRITISH  COLUMBIA. 

These  are  to  Certify,  to  all  Whom  it  doth  Concern, 
that  D.  Munroe, 

Master  of  the  Br.  Sch.  "  Onward  " 
burden  26.20  tons 

navigated  with  4  men 
wood  built  and  bound  for  Pacific  Ocean  and 
Behring  sea,  having  on  board  ballast, 

for  fishing  and  hunting  voyage. 
60  Clearance. 

Hath  here  entered  and  cleared  his  said  vessel  according 
to  law. 

Given  under  my  hand  and  seal  at  the  Custom  House  at 
the  Port  of  Victoria,  in  the  Province  of  British  Columbia, 


Wm 


I     :  fi 


08 

(Exhibit  No.  37). 

this  12th  <^ay  of  April  one  thousand  eight  hundred  aud 
eighty-six. 

A.  R.  MIT, 

Pro  Collector. 
Customs,  Canada. 
April  12,  1886. 
Victoria,  B.  C. 
10 Exhibit  "M"  A.  T.  L. 
John  M.  Rhodes, 

2nd  Lieut.  U.  S.  R.  M. 


THE  UNITED  STATES  OF  AMERICA. 
District  of  Alaska,  ss. : 

I,  A.  T.  Lewis,  Clerk  of  the  United  States  District 
Court  for  the  District  of  Alaska,  do  hereby  certify  that 
the  foregoing  annexed  papers  are  the  exhibits  referred  to 
in  the  depositions  of  witnesses  for  the  United  States  in 
the  action  of  the  United  States  vs.  Schooner  "Onward" 
pending  in  said  Court,  and  which  were  used  in  evidence 
at  the  hearing  of  said  action. 

In  Testimony  Whereof  I  have  hereunto  set  my  hand 
and  affixed  the  seal  of  said  Court  at  Sitka  in  said  District 
this  22d  day  of  September,  1880. 

ANDREW  T.  LEWIS, 

Clerk. 
,0  (Endorsed)— No.  49  United  States  vs.  Schooner  "  Onward." 

Exhibits. 

Aud  afterwards,  to-wit,  on  September  20,  1886,  the  de- 
fendant, Charles  Spring,  filed  his  demurrer  to  the 
libel  of  information  herein,  which  is  in  words  and  figures 
following,  to  wit: 

In  the  District  Court  of  the  United  States  for  the  Dis- 
trict of  Alaska. 

United  States  ) 

40  vs.  >  Demurrer. 

Charles  Spring  and  Schooner  "  Onward."  1 

The  demurrer  of  Charles  Spring  &  Co.,  claimants  of 
the  property  proceeded  against  in  the  above  cause  to  the 
amended  information,  filed  herein 

1st. 
The  said  claimants  by  protestation,  not  confessing  all  or 
any  of  the  mattei-s  in  the  said  amended  information  con- 
tained to  be  true,  demurs  thereto  and  says:  That  the  said 
matters  in  manner  and  form  as  the  same  are  in  said  Infor- 
5°mation  stated  and  set  foith,  are  not  sufficient  in  law  for 
the  United  States  to  have  and  maintain  their  said  action 
for  the  forfeiture  of  the  property  aforesaid. 

2d. 
The  said  claimants  by  protestation  deny  that  this  Court 
has  jurisdiction  to  determine  or  try  the  question  hereby 
put  in  issue. 

3d. 
And  that  said  claimants  are  not  bound  by  law  to  answer 
,  the  same.     Wherefore  the  said  claimants,  Charles  Spring 
&  Co.  pray  that  the  said  information   may  be  dismissed 
with  costs. 

W.  CLARK  &  D.  A.  DINGLEY, 

Proctors  for  Claimants. 


69 

(Exhibit  No.  37). 

(Endorsed)— No.  49,  In  Admiralty.— In  the  United  States 
District  Court  for  the  District  of  Alaska.— United 
States  vs.  Charles  Spring  &  Co.  and  Scnooner  "  On- 
ward."—Demurrer.— Filed  September  20th,  1886.— 
W.  Clark  &  D.  A.  Dingley,  Proctors  for  Claimants.— 
Andrew  T.  Lewis,  Clerk. 


M 


20 


'o  And  afterwards,  to-wit,  on  September  20,  1886,  the  fol- 
lowing further  proceedings  were  had  and  appear  of  record 
in  said  cause,  which  are  in  words  and  figures  following, 
to-wit: 

In  the  Matter  of  the  United  States  )  No.  49. 
vs.  ;■ 

Schooner  "  Onward."  )  Motion  for  leave. 

Now,  at  this  time  comes  the  plaintiff  by  its  attorneys, 
Mr.  M.  D.  Ball  and  Mr.  Wm.  H.  Payson,  and  moves  the 
Court  for  leave  to  file  an  amended  libel  in  the  above 
entitled  cause,  which  is  by  the  Court  allowed. 
In  the  Matter  of  the  United  States  )  No.  49. 
vs.  V 

Schooner  "  Onward."  )  Claim  of  owner. 

Now,  at  this  time  comes  Mr.  Clark  and  Mr.  D.  A. 
Dingley,  attorneys  for  defendant,  and  files  claim  of 
master  for  owner. 

In  the  Matter  of  the  United  States  )  No.  49. 
vs.  > 

30  Schooner  "Onward."  j  Demurrer. 

Now,  at  (his  tin)e  comes  the  parties  above  named  by 
their  respective  attorneys,  Mr.  M.  D.  Ball  and  Mr.  Wm. 
H.  Payson,  for  plaintiff,  and  Mr.  W.  Clark  and  Mr.  D.  A. 
Dingley  for  defendant,  and  this  cause  coming  on  to  be 
heard  upon  demurrer  to  libel  herein,  and  the  Court  after 
hearing  argument  of  counsel,  and  being  fully  advised  in 
the  premises,  it  is  considered  and  ordered  that  the  de- 
murrer be  and  the  same  is  hereby  overruled. 
And  afterwards,  to-wnt,  on  September  20th,  1886,  the 
"^  plaintiff  presented  and  filed  amended  libel  of  information 
in  said  cause,  which  is  in  words  and  figures  following,  to- 
wit: 

In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska,  United  States  of  America. 
August  Special  Term,  1886. 

Tu  (lie  Honorable  Lafayette  Daivson,  Judye  of  said  Dis- 
trict Court: 

The  amended  ibel  of  information  of  D.  M.  Ball,  Attor- 
5°ney  for  the  United  States  for  the  District  of  Alaska,  who 
prosecutes  on  belialf  of  said  United  States,  and  being 
present  here  in  Court  in  his  own  proper  person,  in  the 
name  and  on  behalf  of  the  said  United  States,  alleges  and 
informs  as  follows,  to-wit: 

That  C.  A.  Abbey,  an  officer  in  the  Revenue  Marine 
Service  of  United  States,  in  command  of  the  United 
States  Revenue  Cutter  "Corwin,"  and  on  special  duty  in 
the  waters  of  the  District  of  Alaska,  heretofore,  to-wit, 
on  the  2d  day  of  August,  1886,  within  the  hmits  of 
"°Alat-ka  Territory,  and  in  the  waters  tliereof,  and  within 
the  civil  and  Judici"\l  District  of  Alaska,  to-wit:  within  the 
waters  of  that  portion  of  Behring  Sea  belonging  to  the 
United  States  and  said  District,  on  waters  navigable  from 
the  sea  by  vessels  of  ten  or  more  tons  burden,  seized  the 
schooner  "Onward,"  her  tackle,  apparel,  boats,  cargo  and 


;■! 


70 


im 


m 


(Exhibit  No.  37). 

furniture,  being  the  property  of  some  person  or  persons 
unknown  to  said  Attorney;  the  said  property  is  more  par- 
ticularly described  as  follows,  to  wit: 
1  Schooner  "Onward,"  of      Rope. 


Twine. 
Lamps. 
Oil. 

3  Tons  Salt. 
Casks  and  buckets. 
400  Fur  Seal  Skins. 
Provisions. 

12  Guns  and  amunition  for 
same, 


Victoria,  B.  C 
9  Canoes. 
Carpenters'  tools. 
ID  Caulking  Implements 
3  Anchors. 
Chronometer. 
Clock. 

Nautical  instruments. 
Sails. 

Running  rigging, 
and  all  other  property  found  upon  or  appurtenant  to  said 
schooner. 

That  said  G.  A.  Abbey  was  then  and  there  duly  cora- 
20  missioned  and  authorized  by  the  proper  department  of  the 
United  States  to  make  said  seizures. 

That  all  of  said  property  was  then  and  there  seized  as 
forfeited  to  the  United  States  for  the  following  causes: 

That  said  vessel  and  her  Captain,  officers  and  crew  were 
then  and  there  found  engaged  in  killiug  fur  seals,  within 
the  limits  of  Alaska  territory,  and  in  the  waters  thereof, 
in  violation  of  Section  1956  of  the  Revised  Statutes  of  the 
United  States. 

That  all  the  said  property,  after  being  seized  as  afore- 
30  said,  was  brought  into  the  Port  of  Unala.ska  in  said  Ter- 
ritory, and  delivered  into  the  keeping  of  Isaac  Anderson, 
a  Deputy  United  States  Marshal  of  this  District,  with  the 
exception  of  the  said  arms  and  annnunition,  which  latter 
were  brought  into  the  Port  of  Sitka  in  said  District,  and 
turned  over  to  the  United  States  Marshal  of  this  District, 
and  ail  said  property  is  now  within  the  Judicial  District  of 
Alaska,  United  States  of  America. 

And  the  said  M.  D.  Ball,  Attorney  as  afoiesaid,  further 
informs  and  alleges: 
40  That  on  the  -Id  day  of  August,  1S.S6,  James  Marketich, 
and  certain  other  persons  whose  names  are  unknown  to 
said  Unit<Ml  States  Attorney,  who  were  then  and  there  en- 
gaged on  lioard  of  the  said  schooner  "Onward"  as  sea- 
men and  se;il  hunters,  did,  under  the  direction  and  by  the 
authority  of  Daniel  Monroe,  then  and  tiier(>  Master  of  said 
schooner,  engage  in  killing  and  did  kill,  in  the  Territory 
and  Dibtrict  of  Alaska,  and  in  the  waters  thereof,  to-vvit, 
20  fui'  i-eals,  in  violation  of  Section  lof))')  of  the  Revised 
Statutes  of  the  United  States  in  such  cases  made  and  pro- 
Sovidt'd. 

That  the  said  400  fur  seal  skins  and  other  goods  so  seized 
on  board  of  said  schooner  "  Onward  "  constitute  the  cargo 
of  said  schooner,  at  the  time  of  the  killing  of  said  fur  seals, 
and  at  the  time  of  said  seizure. 

And  said  attorney  saitli,  that  at  all  and  singular  the 
premises  were  and  are  true  and  within  the  admiralty  and 
maritime  jniisdiction  of  the  United  States  and  of  this 
Honorable  Court,  and  that  by  reason  thereof  and  by  force 
of  the  statues  in  such  cases  made  and  provided,  the  afore- 
60  mentioned  schooner,  being  a  vessel  of  over  20  tons  bur- 
den, and  her  tackle,  apparel,  boats,  cargo  and  fuiniture, 
became  and  are  forfeited  to  the  use  of  the  United  States. 

Wherefore  the  said  attorney  prays,  that  the  usual  pro- 
cess and  monition  of  this  Honorable  Court  issue  in  this 
behalf  against  said  schooner  and  all  said  hereinbefore  de- 


n 


m 


(Exhibit  No.  37). 

scribed  property  to  enforce  the  forfeiture  thereof,  and  re- 
quiring notice  to  be  given  to  all  persons  to  appear  and 
show  cause  on  the  return  day  of  said  process  why  said 
forfeiture  should  not  be  decreed,  and  that  after  due  pro- 
ceedings are  had,  all  of  said  property  be  adjudged,  de- 
creed and  condemned  aB  forfeited  to  the  use  of  the  United 
States,  and  for  such  other  relief  as  may  be  proper  in  the 
10  premises. 

Dated  September  20,  1886. 

M.  D.  Ball, 
United  States  District  Attorney 
for  the  District  of  Alaska. 
(Endorsed)-  No.  49.— U.    S.    Distiict    Court,    Alaska.— 
United  States  vs.  The  Schooner  "Onward." — Amended 
Libel  of  Information. — Filed  September  20,  1886. 

Andrew  T.  Lewis, 

Clerk. 

20 

And  on  the  same  date,  the  defendant  Charles  Spring 
filed  his  answer  herein,  which  is  in  words  and  figures  fol- 
lowing, to  wit: 

In  the  United  States  District  Court  for  the  District  of 
Alaska. 

United  States  1 

Charles  Spring  &  Co.      (--^"^wer. 
and  Schooner  "  Onward."  J 
30     The  answer  of  Charles  Spring  &  Co.,  claimants  and 
owners  of    the  said  Schooner    "  Onward,"    her    tackle, 
apparel,  furniture  and  caj-go  as  the  same  are  set  forth  in 
the  information  filed  herein  in  behalf  of  the  United  States. 
Now  comes  Charles  Spring  &   Co.   claimants  as  afore 
said,  and  for  answer  to  the  said  information  against  the 
said  schooner  "  Onward,"  her  tackle,  apparel,  and  cargo 
as  set   forth  in    said    infoimation,    says    that    the   said 
Schooner  "Onward,"  her  tackle,    ajjparel,  furniture  and 
cargo    as  set  forth  in    the  iiiformafion    mentioned    did 
40  not,  nor  did  any  part  thcieuf  become  foi-feited  in   manner 
aforesaid  as  in  said  information,  in  ihat  behalf  alleged, 
or  at  all. 

W^herefore  the  said  claimants   piay  that  said  informa- 
tion be  dismissed  with  costs  to  these  claimants  attached. 
W.  CLARK  &  D.  A.  DINULEY, 

Proctors  for  Claimants. 

United  States,  District  of  Alaska,  ss. : 
Personally  appeared  l)efore  me,  VV.    Clark,   who   being 
Sodnly  sworn  upon  his  oatii,  says: 

I  am  the  duly  aiitliorized  proctor  for  tlie  claimants 
above  named,  that  the  foregoing  answer  is  tineas  I  verily 
believe. 

That  the  reason  this  affidavit  is  made  by  me  and  not  by 
claimants,  is  because  said  claimants  are  nonresidents,  and 
are  absent  from  the  District  of  Alaska. 

Subscribed  and  sworn  to  before  me  this  day  of 

September,  A.  D.  1880. 

Clerk  of  the  U.  S.  District  Court  for  Alaska. 
^°  (Endorsed)— No.  49.— In  Admiralty.  -In  the  United 
States  District  Court  for  the  District  of  Alaska. — 
United  States  vs.  Charles  Spring  &  Co.,  and  Schooner 
"  Onward." — Answer  of  Claimants. — Filed  September 
20,  1886.— Andrew  T.  Lewis,  Clerk.— W.  Clark  & 
D.  K.  Dingley,  Proctors  for  Claimants. 


r 


I  if  'I 


10 


73 

(Exhibit  No.  37). 

And  afterwards,  to-vvit,  on  September  2l8t,  1886,  the  fol- 
lowing further  pi'oceedings  were  had  and  appear  of  record 
in  said  cause,  which  are  in  words  and  figures  following, 
to- wit: 

In  the  matter  of  the  United  States  )  y^     ,  t^ 
vs.  (       .    .. 

Schooner  ''Onward." 

Now  at  this  time  conies  the  parties  above  named  Mr.  M. 
D.  Ball  and  Mr.  Wm.  H.  Payson,  for  the  plaintiff,  and  Mr. 
W.  Clark  and  D.  A.  Dingley,  for  the  defendant,  and 
plaintiff  excepts  to  answers  filed  herein.  It  is  considered 
that  the  answer  is  insufficient  and  defendant  have  leave 
to  amend  by  10  o'clock  to-morrow  morning. 


I  Exceptions  to  answer. 


f|'||i 


And  afterwards,    to-wit,  on  September  22,    1886,  the 
plaintiff  filed  exceptions  to  answer  of  defendant,  which  is 
20  in  words  and  figures  following  to- wit; 

United  States  District  Court,  District  of  Alaska,  United 
States  of  America. 


United  States 
vs. 
Tiie  Schooner  "Onward." 


No.  -lit. 


The  said  libellant  hereby  excepts  to  the  sufficiency  of 
the  defendant's  answer  herein  on  the  following  grounds: 
1st.  Said  answer  is  not  properly  or  at  all  verified,  as  re- 
3oquii'ed  by  Rule  27  of  the  United  States  Admiralty  rules. 
2(1.  Said  answer  is  not  full,  explicit  or  distinct  to  each 
or  any  allegations  one  of  the  libel  herein,  as  required  by 
said  rule. 

ikl.  Said  answer  does  not  deny  or  admit  any  of  the  alle- 
gations of  fact  in  said  libel,  but  merely  denies  a  conclusion 
of  law. 
September  21.  18S6. 

M.  D.  BALL  and  W.  H.  PAYSON, 
Proctors  for  Libellant. 


40 


(Endorsed.)- No.  4<t.--U.  S.  District  Court.— Alaska.— 
United  States  vs.  Schooner  ''Onward."-  Exceptions 
to  answer.— Filed  September  22,  1886.— Andrew  T. 
Lewis,  Clerk. 


50 


And  on  the  same  date  the  following  further  proceedings 
vvtM'e  had  and  appeal'  of  record  in  said  cause,  which  are  in 
words  and  figures  following,  to  wit: 
In  the  matter  of  the  United  States  i 


cs. 


Schooner  "Onward." 


No.  4i>. 


60 


Now  at  this  day  comes  tlie  parties  Mr.  M.  D.  Ball  and 
Mr.  Wm.  H.  Payson,  proctors  for  plaintiff,  and  Mr.  W. 
Clark,  for  defendant;  on  motion  of  proctors  for  libellant, 
it  is  ordered,  that  the  depositions  be  opened  and  this  cause 
coming  on  for  hearing  and  trial  of  action,  cause  submitted 
for  decision,  ordered  judgment  of  forfeiture  as  prayed  for 
and  decree  l)e  drawn  by  proctors  for  libellant. 

And  afterwards  to-wit.,  on  October  4,  1886,  the  follow- 
ing further  proceedings  were  had  and  appear  of  record,  in 
said  cause,  which  are  in  words  and  figures  following, 
to-wit: 


73 


10 


(Exhibit  No.  37). 

In  the  United  States  District  Court,  in  and  for  the 
District  of  Alaska,  United  States  of  America. 

United  States  ) 

vs.  \  No.  49. 

The  Schooner  "  Onward."  ) 

The  Marshal  having  returned  on  the  monition  issued  to 
him  in  the  above  entitled  action  that  in  obedience  thereto 
he  has  attached  the  said  schooner  "Onward,"  her  tackle, 
apparel,  boats,  cargo  and  furniture,  and  has  given  due 
notice  to  all  persons  claiming  the  same  to  appear  before 
this  Court  on  this  ith  day  of  October,  issti,  at  10  o'clock 
A.  M.,  at  the  District  of  Alaska,  United  States  of  America, 
then  and  there  to  appear  and  make  their  allegations  in  that 
behalf:  And  Daniel  Monroe,  the  captain  of  said  vessel, 
having  heretofore  filed  a  claim  to  all  said  property  on  be- 
half of  Charles  Spring  &  Co.,  of  Victoria,  B.  C,  the 
,Q owners  thereof,  and  no  other  persons  having  appeared, 
and  no  claims  or  allegations  having  been  made  or  filed 
herein  by  any  other  person  or  persons,  and  the  usual  proc- 
lamation having  been  made,  and  said  cause  having  been 
heard  upon  the  pleadings  and  proofs.  M.  D.  Ball  Esq.  and 
W.  H.  Payson,  Esq.,  appearing  as  advocates  for  the  said 
libelant,  and  W.  Clark,  Esq.  as  advocote  for  said  claim- 
ants; and  tne  cause  having  been  submitted  to  the  Court 
for  decision  and  due  deliberation  being  had  in  the  pretnises: 

It  is  now  ordered,  sentenced  and  decreed  as  follows: 
-Q     1st.  That  all  persons  whatsoever  other  than  said  claim- 
ants  be  and  they   are  hereby  declared  in  contumacy  and 
default: 

2nd.  That  said  schooner  "Onward,"  her  tackle,  apparel, 
boats  and  furniture,  and  her  cargo  of  400  fui'  seal  skins, 
and  all  other  property  found  upon  or  appurtenant  to  said 
schooner,  be  and  the  same  are  hereby  condemned  as  for- 
feited to  the  use  of  the  United  States. 

8d.  That,  unless  an  appeal  be  taken  to  this  decree  within 
the  time  limited  and  prescribed  by  law  and  the  rules  of 
.pthe  Court,  the  usual  writ  of  venditioni  exponas  be  issued 
to  the  Marshal  commanding  him  to  sell  ail  the  said  prop- 
eity  and  bring  the  proceeds  into  this  Court  to  be  distri- 
buted according  to  law. 

Costs  to  be  taxed  are  awarded  against  said  claimants. 

Dated  October  4th,  188«. 

LAFAYETTE  DAWSON, 

District  Judge. 

Done  in  open  Court  this  4th  day  of  October  1886  at 
Sitka,  District  of  Alaska,  United  States  of  America. 
50  ANDREW  T.  LEWIS, 

Clerk. 

(Endorsed)— No.  49.  U.  S.  District  Court.  Alaska. 
United  States  vs.  Schooner  "  Onward."  Decree. 
Filed  Oct.  4th,  1886. 

ANDREW  T.  LEWIS, 
Clerk. 

And  on  the  same  date,  the  defendant  filed  motion  to  set 
^  aside  decree,  which  is  in  words  and  figures  following,  to- 
wit: 


74 


'■  1 

1 

'i 

(Exhibit  No.  37). 

In  the  United  States  District  Court 
Alaska. 

United  States  ] 

vs. 


for  the  District  of 


Charles  Spring  &  Co.  and  the  \  M°*'«"  *«  «et  aside  decree. 

Schooner  "  Onward."        J 

Now  conies  W.  Clark  and  D,  A.  Dingley,  proctors  in- 

'°tervening  for  and  in  behalf  of  the  claimants  herein,  and 

moves  the  Court  to  set  aside  the  decree  rendered  herein, 

for  the  reason  that  the  evidence  produced  on  behalf  of 

the  United  States  is  wholly  insutncient  upon  which  to 

base  said  decree. 

W.  CLARK  and  D.  A.  DINGLEY, 

Proctors  for  Claimants. 

(Endorsed)  — No.  49.      In  Admiralty.      In  the  United 
States  District  Court  for  the  District  of  Alaska.     United 
2oStates  vs.  Charles  Spring  &  Co.,  and  the  Schooner  "  On- 
ward."   Motion  to  set  aside  Decree. 
Filed  October  4th,  1886. 

ANDREW  T.  LEWIS, 
Clerk. 
W.  CLARK  and  D.  A.  DINGLEY, 

Proctors  for  claimants. 

And  on  the  same  date,  the  following  further  proceed- 
ings were  had  and  appear  of  record  in  said  cause,  which 
30 are  in  words  and  figures  following,  to- wit: 
In  the  Matter  of  the  United  States  ) 

vs.  >  No.  49. 

Schooner  "Onward."  ) 

Now  at  this  time  come  the  parties  above  named  by 
their  attorneys,  M.  D.  Ball  for  the  plaintiff  and  W.  Clark 
for  defendant,  and  move  the  Court  to  set  aside  decree. 
Whereupon  it  is  ordered  that  said  motion  be  overruled. 

And  on  the  same  date  the  defendant  filed  notice  of  ap- 
'^  peal,  which  is  in  words  and  figures  following,  to-wit: 

In  the  United  States  District  Court  for  the  District  of 
Alaska. 

United  States  1 

Charles  Svvu^'&  Co.  and  the  [  Notice  of  Appeal. 
Scliooner  "Onward."  J 
Now  come  W.  Clark  and  D.  A.  Dingley,  proctors  for 
and  in  beluilf  of  the  claimants  herein,  and  notifies  the 
Honorable  Court  that  they  hereby  appeal  from  the  de- 
cree rendered  herein,  to  the  Ciicuit  Court  having  appel- 
late jurisdiction  over  this  District,  and  that  said  appeal  is 
taken  on  questions  of  law  and  fact,  and  pray  tbe  Court 
for  an  order  on  its  Clerk  to  prepare  a  complete  transcript 
of  the  record  herein  as  the  law  requires. 

W.  CLARK  and  D.  A.  DINGLEY, 
Proctors  for  Claimants. 

(Endorsed)— No.  49.     In  Admiralty.     In  tbe  United  States 
District  Court  for  the  District  of  Alaska.     United 
60        States  vs.  Charles  Spring  &  Co.  ar.d  the  Schooner 
"  Onward."    Notice  of  Appeal.     Filed  4  Oct.  1886. 

ANDREW  T.  LEWIS, 
Clerk. 
W.  Clakk  and  D.  A.  Dingley, 

Proctors  for  Claimants. 


50 


76 

(Exhibit  No.  r,7). 

And  afterwards,  to- wit,  on  December  Otli,  1887,  the  fol- 
lowing further  pi-oceedings  were  liad  and  appear  of  record 
in  said  cause,  which  are  in  words  and  H)i;ure9  following, 
to- wit: 
In  District  Court,  United  States,  District  of  Alaska. 
The  United  States  j 

vs.  I 

10 The  "  Onward,"  The  "  Caro-  [ 
lena,"  The  "Tiiorntun,"  | 
Their  cargo,  etc.  J 

Now  come  the  libelant  and  moves  the  Court  to  grant  an 
order  for  the  .'^iile  of  the  arms  and  ammunition  belonging 
to  and  taken  with  the  above  named  vessel. 

WHIT.  M.  GRANT, 

U.  S.  Attorney. 

(Endorsed)— No.  49  The  United  S(   tes  vs.  the  "  Onward" 
,„        et  al.     Motion.     Filed  December  6th.  1S87. 

H.  E.  HAYDEN, 
Clerk. 

And  afterwards,  to-wit,  on  December  (Jth,  1887,  the  fol- 
lowing further  proceedings  were  had  and  appear  of  record 
in  said  cause,  which  are  in  words  and  figures  following, 
to-wit: 

Court  convened  at  10  o'clock  A.  M.,  pui'suant  to  ad- 
journment. 

Present  same  as  on  last  day. 
^°  United  States  ) 

i>s. 
Schooner  "Onward,"  "Caro- 
lena"  and  "Thornton." 
Now  comes  Hon.  W.  M.  Grant,  r  S.  District  Attorney 
for  libellant  and  moves  the  Court  to  grant  an  order  for 
the  sale  of  the  arms  and  ammunition  belonging  to  and 
taken  with  the  above  named  vessels. 

And  afterwards,  to-wit,  on  December  I2th,  1^^7,  the 
'^°  following  further  proceedings  were  had  and  appear  of 
record  in  said  cause,  which  are  in  words  and  figures  fol- 
lowing, to-wit: 

The  United  States  1 

vs.  \  No.  49. 

The  Schooner  "  Onward,"  her  cargo,  etc.  ) 

It  is  ordered  by  the  Court  that  the  United  States  Mar- 
shal for  the  District  of  Alaska  sell  the  12  guns,  1  can  of 
powder,  1  keg  partly  filed  of  powder,  i  bag  of  shot,  2 
50  small  bags  of  caps,  seized  and  condemned  by  decree  in  the 
above  entitled  cause. 

At  Juneau  in  Alaska,  after  adveitising  the  same  as  re- 
quired by  law,  and  that  out  of  the  proceeds  of  said  sale 
he  pay  the  costs  and  expenses  of  insuring,  caring  for, 
transpoi'tation  and  sale  of  said  property,  and  that  the  bal- 
ance of  said  proceeds  be  disposed  of  as  required  by  law 
and  report  to  this  Court  his  doings  in  the  premises. 

(Endorsed)    No.  49.     In  the  U.  S.  District  Court,  Dist.  of 
(3q        Alaska.      United    States    vs.   Schooner    "Onward." 
Older  for  sale  of  Arms,  Ammunition,  etc.     Filed  De- 
cember 12th,  1887. 

H.  E.  HAYDEN, 
Clerk. 


No.  49,  51,  50. 


■>TT" 


Trt 


(Exhibits  No.  37  O.  B.  and  No.  5  U.  S.) 

And  afterwnrdH,  towit,  on  January  lo,  1H88,  the  fol- 
lowing further  proctedings  were  had  and  apjioar  of  record 
in  paid  cause,  which  in  words  and  figures  are  following, 
towit: 

In  the  matter  of  the  t^ale  of  fire  arms,  seized  on  hoard 
the  schooneis  ('aroleiia,  Thornton  and  Onward,  and 

Ordeied  sold  hv  this  court  in  coniplianco  with  an  order 
lodated  July  lit,  l,s,s7. 

It  is  hereby  ordered  by  the  Court  that  the  net  sum  aris- 
ing from  the  falc  of  firearms  seized  and  condemned  with 
the  said  schooners  be  paid  to  the  Clerk  of  this  Court  by 
the  Deputy  U.  S.  Marshal. 


20 


United  States  Exhibit. 

EXHIBIT  No.  6  (U.  S.)  CLAIM  NO.  3. 

UNITED    STATES    OP    AMERICA. 
United  States  Circlit  Couut. 

ClHCUIT  CoUKT,  U.  S.  M.AS8.   DiST.  83. 

To  All  People  to  Whom  These  Presents  Shall  Come, 
Gheetino. 
Know  Ye  That  at  a  Circuit  Court  of  the  United  States, 
begun  and  holden  at  Boston,  within  and  for  the  Massa- 
chusetts District,  on  the  fifteenth  day  of  October,  in  the 
year  of  our  Loid  one  thousand  eight  hundred  and  eighty- 
two, 
3°  To  wit:  On  the  1st  day  of  December,  A.  D.,  1882, 
Alexandek  McLean,  of  Boston,  in  said  district.  Mariner, 
born  at  Sydney,  Island  of  Capo  Breton,  Nova  Scotia,  hav- 
ing produced  the  evidence  and  taken  the  oath  required  by 
law,  was  admitted  to  become  a  citizen  of  the  said  United 
States  accoiding  to  the  Acts  of  Congress  in  such  case 
made  and  provided,  all  of  which  appears  of  record  in  said 
Court. 

In  testimony  wheueoe,  I  have  hereunto  set  my 
hand  and  affixed  the  seal  of  said  Court  at 
seal.  I  Boston  aforesaid,  this  .'ith  day  of  October,  A. 
D.  18!>6,  and  in  the  one  hundred  and  2l8t 
year  of  the  Independence  of  the  United  States 
of  America. 

Benj.  H.  Bradlee, 
Deputy  Clerk  of  the  Circuit  Court 
of  the  United  States  for  the  Dis- 
trict of  Massachusetts. 


40 


(Exhibit  No.  38). 
Claim  No.  2,  "Thornton." 

EXHIBIT  No.  88  (0.  B.),  CLAIM  No.  2. 

Be  it  known  that  Pittman  &  KinvAUDs,  <n'  as  ARents, 
as  well  in  their  own  Name,  as  for  and  in  tiie  Name  and 
Names  of  all  and  every  other  Person  or  Persons  to  whom 
the  same  doth,  may,  or  shall  appertain,  in  part  or  in  all, 
'°(ioth  make  assurance  and  cause  themselves  and  them  and 
every  of  them,  to  bo  insured,  lost  or  not  lost,  at  and 
from  for  the  space  of  twelve  calendar  months,  commenc- 
ing on  the  -ith  November  IMH")  &  ending  on  the  IJrd  No- 
vember 188(5,  both  days  inclusive,  in  port  &  at  sea,  ia 
docks  &  on  ways,  at  all  times  in  all  places  &  on  all  services 
whatsoever  &  wheresoever.  Inciuduig  all  risks  incidental 
to  steam  navigation  upon  any  kind  of  Goods  and  Merchan- 
dises, and  also  upon  the  Body,  Tackle,  Aitparel,  Ord- 
,  nance.  Munition,  Artillery,  Boat  and  other  Furniture,  of 
""and  in  the  good  Sqip  or  Vessel  called  the  "Thornton" 
steam  schooner  whereof  is  Master,  under  God  for  this 
present  voyage, 

or  whosoever  else  shall  go  for  Master  in  the  said  Ship, 
or  by  whatsoever  other  Name  or  Names  the  same  Sliip, 
or  the  Master  thereof,  is  or  shall  be  natned  or  called, 
beginning  the  Adventure  upon  the  said  Goods  and  Mer- 
chandises fiom  the  loading  thereof  -aboard  the  said  Sliip 
as  above  warranted  free  of  capture  seizuio  &  detention, 
the  consequences  thereof  or  of  any  attempt  thereat  & 


^°from  all  consequences  of  hostilities  piracy  excepted,  upon 
the  said  Ship,  &c.,  and  shall  so  contmue  and  endure,  dur- 
ing her  abode  there,  upon  the  said  Ship,  «&c. ;  and  furtlier, 
until  the  said  Ship,  with  all  her  (lidnance.  Tackle,  Ap- 
|)arel,  &c.,  and  Goods  and  Merchandises  whatsoever,  sliall 
be  arrived  at  as  above,  with  leave  to  tow  &  assist  vessels 
ill  all  situations  &  to  be  towed  upon  the  said  Sliij),  &c., 
until  she  hath  moored  at  Anciior  Twenty- fours  Hours  in 
good  Safety,  and  upon  the  (roods  and  Merchandises  until 
the  same  be  there  discharged  and  safely  landed;  and  it 
sliall  be  lawful  for  the  said  Ship,  cScc,  in  this  \^)yage  to 
proceed  and  sail  to  and  touch  and  stay  at  any  Ports  and 
Places  whatsoever  without  being  deemed  a  deviation  from 
and  without  Prejudice  to  this  Insurance.  The  said  Ship, 
t"tc..  Goods  and  Merchandises,  &.C.,  for  so  much  as  con- 
cerns the  Assured,  by  Agreement  between  the  Assuied 
and  Assurers  in  this  Policy,  are  and  shall  be  valued  at 
as  below 

General  Avei'age  payable  as   per   Foreign  Statement  if 
required. 

And  it  is  further  agreed,  that  if  the  ship  heiehy  insured 
sliall  come  into  collision  witii  any  other  ship  or  vessel,  and 
the  insured  shall  in  consequence  thereof  become  liable  to 
pay,  and  shall  pay,  to  the  jmrsons  interested  in  such  other 
ship  or  vessel,  or  in  the  I'reight  thereof,  or  in  the  goods 
and  effects  on  board  thereof,  any  sum  or  sums  of  money 
not  exceeding  the  value  of  the  ship  hereby  assured,  we 
will  severally  pay  the  assured  such  piopoition  of  three- 
fourths  of  the  sum  so  paid  as  our  respective  sub?crip- 
^Qtions  hereto  bear  to  the  value  of  the  ship  hereby  assured, 
or  if  the  value  hereby  declared  amounts  to  a  larger  sum, 
then  to  such  declared  value,  and  in  cases  where  the  lia- 
bility of  the  ship  has  been  contested  with  our  consent 
in  writing,  we  will  also  pay  a  like  proportion  of  three- 
lourth  parts  of  the  costs  thereby  incurred,  or  paid,  pro- 
vided also,  that  this  clause  shall  in   no  case  extend  to 


50 


7S 


(Exhibit  No.  38). 

any  sum  which  the  insured  may  become  hable  to  pay  or 
shall  pay  in  respect  of  loss  of  life  or  personal  injury  to  in- 
ilividuals  for  any  cause  whatsoever. 

Touching  the  Adventures  and  Perils  which  wo  the  As- 
surere  are  contented  to  hear  and  do  take  upon  us  in  this 
Voyage,  they  are,  of  the  Seas,  Men-of-\\  ar,  Fire,  Ene- 
mies, Pirates.  Rovers,  Thieves,  Jettisons,  Letters  of  Mart 
10  and  Countermart,  Surprisals,  Takings  at  Sea,  Arrests,  Re- 
straints and  Detainments  of  all  Kings,  Princes,  and 
People,  of  what  Nation,  Condition,  or  Quality  soever,  Bar- 
ratry of  the  Master  and  Mariners,  and  of  all  other  Perils, 
Losses,  and  Misfortunes  that  have  or  shall  come  to  the 
Hurt,  Detriment,  or  Damage  of  the  said  Goods  and 
Merchandises  and  Ship,  &c.,  or  any  part  thereof;  and  in 
case  of  any  Loss  or  Misfortune,  it  shall  be  lawful  to  the 
Assured,  their  Factors,  Servants,  and  Assigns,  to  sue, 
labour,  and  travel  for,  in,  and  about  the  Defence,  Safe- 
20 guard  and  Recovery  of  the  said  Goods  and  Merchandises 
and  Ship,  &c.,  or  any  Part  thereof,  without  Prejudice  to 
this  Insurance;  to  the  Charges  whereof  we.  the  Assurers, 
will  contribute,  each  one  according  to  the  Rate  and  Quan- 
tity of  his  sum  herein  assured.  And  it  is  especially  de- 
clared and  agreed  that  no  acts  of  the  Insurer  or  Insured 
in  recovering,  saving,  or  preserving  the  property  insured, 
shall  be  considered  as  a  waiver  or  acceptance  of  abandon- 
ment. And  it  is  agreed  by  us,  the  Insurers,  that  this 
Writing  or  Policy  of  Assurance  shall  be  of  as  much  Force 
30  and  Effect  as  the  surest  Writing  or  Policy  of  Assurance 
heretofore  made  in  Lombard  Street,  or  in  the  Royal  Ex- 
change, or  elsewhere  in  London.  And  so  we  the  Assurers 
are  contented,  and  do  hereby  promise  and  bind  ourselves, 
each  one  for  his  own  Part,  our  Heiis,  Executors,  and 
Goods,  to  the  Assured,  their  Executors,  Administrators, 
and  Assigns,  for  the  true  Performance  of  the  Premises, 
conf  j^sing  ourselves  paid  the  Consideration  due  unto  us 
for  this  Assurance  by  the  Assured  at  and  after  the  rate  of 
eight  Guineas  per  cent. 
40  (^      life    for    each     unconunenced  ^ 

month  this  policy  may  be  can- 
celled 

life  for  every   !5(»   consecutive 
i  days  the  vessel  may  be  laid  uf)  \ 
tin  port.  J 

In  witness  whereof,  we  the   Assurers   have  subscribed 
our  Names  and  Sums  assured  in  London  4th  November  1885 

N.  H.— Corn,  Fish,  Salt,  Fruit,  Flour,  and  Seed  are  war- 
ranted free  from  Average,  unless  general,  or  the  Ship  l)e 
50 stranded;  Sugar,  Tobacco,  Hemp,  Fla.x,  Hides,  and  Skins 
are  warrtaited  free  from  average  under  Five  Pounds  per 
Cent.;  an  I  all  otlier  Goods,  also  the  Ship  and  Freight,  are 
warranted  free  from  Average  under  Three  Pounds  per 
Cent.,  unless  general,  or  the  Ship  be  stranded,  sunk  or  on 
fire. 

(In  case  of  damage  it  is  recommended   that  Notice  be 
given  to  the  nearest  Lloyd's  Agent.) 

Un  Hull,  Machinery  &c.  valued  at  .£1,;2(I0 

To  pay  only  any  loss  or  claim  amounting  to  10  per  cent. 
60 or  upwards. 

Collision  Clause  attached. 

Warranted  trading  in  Bi'itish  Columbia:  with  leave  to 
seal 

£(!()•  I. 

In  the  event  of  any  deviation,  or  change  of  voyage,  it  is 


To    return  ] 


}■  &     arrival 


79 


(Exhibits  Nvis.  38,  39,  40  and  il). 

hereby  agreed  to  hold  the  Assured  covered  at  a  premium 
to  be  arranged,  provided  notice  of  sucli  deviation  be  given 
to  the  Underwriters  on  receipt  of  advices. 

Should  the  vessel  hereby  irsured  be  at  sea  on  the  expir- 
ation of  this  policy  it  is  agreed  to  hold  her  covered  until 
arrival  at  port  of  destination  ai^  a  premium  to  be  arranged 
provided  due  notice  be  given  on  or  before  the  expiration  of 
10  this  policy. 

.£'5(1  W.  H.  Norton 

£50  W.  Lyon 

£50  I.  S.  Warren 

£40  G.  B.  Foster 

£40  J.  G.  Inglis 

£40  H.  Harris 

.£40  H.  Foster 

£40  C.  T.  Pnrker 

£50  H.  C.  Che-.-wright 
20     £50  W.  T.  Miirikn.1 

£50  G.  A.  Trist 

£50  G.  W.  Henderson 

£50  G.  F.  Pitman 

(Endorsed) — London  27  Oct.  1880  Cancelled  this  policy 
on  &  from  2ud  Angust  (risk  having  ceased  through  vessel 
having  been  seized  by  U.  S.  Government)  &  returned  3 
periods  of  If  per  cent  per  period. 

£2     0  0% 
less  lO^dis..         4  0 


30 


Cr.  Pitman  &  Edwards. 

W.  H.  N. 

G.  B.  F. 

H.  C.  C. 

G  W.  H. 

G.  F.  P. 


1  16  0%  net 


40 


EXHIBIT  NO.  39  (0.  B),  CLAIM  NO.  2. 

Insukance  Policy  dated  February  25,  1880,  for  £1,000  on 
Treasure,    Cargo,   etc.,   scliooner  "Thornton"  for  4 
nioiiths,  by  Pitman  ct  Edwards. 
This  policy  is  similar  in  form  to  F'.xbibit  No.  38  (G.  B.) 
printed  above,  and  by  order  of  the  Commissioners  on  con- 
sent of  counsel  is  not  printed. 


EXHIBIT  NO.  40  (0.  B  ),  CLAIM  NO.  2 

•^°In9URaN('K  Policy  d;>tt'd  .March  I,  issd,  for  £(t(Mi  on  Hull, 
Machinery,  etc.,  scliooner  "  Thornton"  foi'  12  months, 
by  Pitman  &  Edwards. 
This  policy  is  similar  in  form  to  Exhibit  No.  38  (G.  B.) 
printed  above,  and  by  order  of  the  Commissioners  on  con- 
sent of  counsel  is  not  printed. 


><!.  for  ,L' 1,000,  on 
Thornton"  for  4 


EXHIBIT  NO.  41  (0  B),  CLAIM  NO  2 

6o Insurance  Poi.icv  dated  June  2S,  i 
Treasure,  Cargt;,  etc.,   schooner 
months,  by  rilnian  &  Edwards. 
This  policy  is  similar  in  form  to  Exhibit  No.  38  (G.  B.) 
Iirinted  above,  and  by  order  of  the  Commissioners  on  con- 
sent of  counsel  is  not  i)i'inted. 


80 


(Exhibit  Nos.  i2  and  43). 

EXHIBIT  No.  42  (G.  B.),  CLAIM  No.  2. 

Statement     of     Premiums     paid    per     "Thornton" 

Schooner. 

1886. 

Nov.     4.     To£rtOO   Hull 8p.%  £50  8  0  £B0  12  0 

1886. 

Feb.    28.      ""  1,000  Treasure 40/%  "20  0  0  "20     S  4 

lOMch.     1.      ""  600  Hull   8|).%  '50  8  0  "60  12  0 

1,000  Treasure 5<i/%  "20  0  0  "26     3  4 

£146   16     0    £146   10     8 
Brokerage ..   ..  7     510 

Allow  7i%  diact.  for  cnsh 138  10     2         10     7     9 

£136     2   II 
By  Return  of  Premium  fur  cnncelrnent,  from  2  August, 
1 88(i. 
1886. 

Dec.     18.     £600  Hull 2%      £11     0    0 

30  "  BUO     "     4    1.'?  4,%'       "28     0     0 

"  1,000  Treasure 1    15  6"^      "17  16     0 

67   16     0 

Deduct  7i?o'  ciisct.  allowed 4     6     8 

53     8     4 

£82     4     7 

We  certify  that  the  above  amount,  viz.,  .£'S2.4.7,  was 
paid  in  account  current. 
Loyds,  1  December,  189(5. 
30  PITMAN  &  EDWARDS.     ^-?.al.] 


EXHIBIT  NO.  43  (0.  B.),   CLAIM  NO.  2. 

Certified    tran.script   Rei.-ord  and  Proceedings  in  United 

States   District   Court   in   Alaska   in  case  of  United 

States  vs.  Henry  Norman. 

The  proceedings  in  tliis  case  were  similar  to  tlioso  taken 

against   Daniel    Monroe,    as    shown   in    Exhibit   No.    35 

(Gr.  B.)  printed  above,  and  by  order  of  the  Commissioners 

^   on  consent  of  counsel  are   not  printed  in  full  excepting 

only  the  sentence  of  the  Court  which  appears  below. 

And  on  August  ;!1,  Jssii,  tlie  following  further  proceed- 
ings were  iiad  and  appear  (tf  record  in  said  cause,  which 
are  in  words  and  figures  following,  to-wit: 
In  the  matter  of  the  United  States     ) 

vs.  >  Nos.  S4  and  8fi. 

Hans  Guttormsen  and  Henry  Norman  ) 

Now  at  this  time  this  cause  coining  on  to  be  lieard  with 
jojury  as  upon  yesterday,  who  being  in  Court  are  called  and 
answer  to  tlu'ir  respective  names,  and  being  inquired  of  if 
they  have  found  a  verdict,  reply  that  tliey  have.  Plaintiff 
now  ap|H'ariiig  l)y  its  atti)rney  M.  \).  Ball  U.  S.  District 
Attorney  tor  Alaska,  and  defendants  Hans  Guttormson 
and  Henry  Norman  in  person  and  by  their  attorneys  W. 
Clark  and  D.  A.  Dingley  the  jury  rendered  the  following 
vordict: 

We  the  jury  in  tiie  cause  of  the  United  States  vs.  Hans 
Guttormsen  and  Henry  Norman,  find  as  follows:  1st. 
6oThat  the  defendants  are  guilty;  :id.  That  the  Captain, 
Hans  Guttormsen,  pay  a  tine  of  tive  huiidred  dollars 
(!i!,M)(i  (KM,  and  bcj  imprisoned  for  the  term  of  thirty  days; 
3rd.  That  the  mate  Henry  Norman,  pay  a  fine  of  three 
hundred  dollars  (|3(mi.<mi)  and  be  imprisoned  for  a  t*^  ;n  of 
tliirty  days.     So  say  we  all.     G.  B.  Johnson,  Foreman. 


81 


(Exhibits  Nos.  43,  44  and  45). 

Sitka,  Alaska,  August  30,  1886,  which  said  verdict  is  or- 
dered filed.  Defendants  attorney  move  the  Court  to  poll 
the  jury,  which  being  done  and  all  answer  separately  that 
the  verdict  just  rendered  is  their  verdict,  the  jury  are  dis- 
charged from  furtlier  consideration  of  the  cause. 

And  defendants  waiving  further  time  to  receive  sen- 
tence, it  is  considered  and  ordered  that  Hans  Guttormsen 
JO  pay  a  fine  of  five  hundred  dollars  (^.WO.Od)  and  be  impris- 
oned for  the  term  of  thirty  (3(»^  days,  it  is  fuither  con- 
sidered and  oi'dered  that  Henry  Norman  pay  a  fine  of 
three  hundred  dollars  (,^300.00)  and  be  imprisoned  for  a 
term  of  thirty  (30)  days. 


EXHIBIT  No.  44  (G.  B.),  CLATM  No.  2. 

Certified  transcript,  Record  and  Proceedings  in  United 
States  District  Court  in  Alaska  in   case  of  United 
20        States  vs.  Haus  Guttormsen. 

The  proceedings  in  this  ease  were  similar  to  those  taken 
against  Henry  Norman  contained  in  Exliihit  No.  43  (G. 
15.),  and  by  order  of  the  Commissioners  on  consent  of 
counsel  are  not  printed. 


EXHIBIT  No.  45  (0-  B),  CLAIM  No-  2 

Copy  of  Record  and  Proceedings  in  United  States  District 
Court  in  Alaska  in  case  of  United  States  vs.  "Thorn- 
3°        ton." 

The  proceedings  in  this  case  were  similar  to  those  taken 
against  schooner  "  Onward  "  contained  in  Exhibit  No.  37 
(G.  B.),  printed  above  and  by  order  of  the  Commissioners 
on  consent  of  counsel  the  following  portions  only  of  this 
exhibit  are  printed. 


■j 

Ino. 

I 

J 


In   the   District  Court  of   the    United   States   for  the 
District  of  Alaska,  in  Adniiralty. 
40  Pleas  and  proceedings  b-gan  and  had  in  the 

District  Court  of  the  L  lited  States  for  the 
District  of  Alaska. 

The  United  States 
vs. 
The  Schooner  "  Thornton,''  her  Tackle, 
Apparel,  Boats,  Cargo  and  Furniture. 

Be  it  remembered:  That  at  a  stated  term,  to  wit.  the 
May  term,  issd,  of  thc>  District  Court  of  the  United  States, 
-o  tor  the  District  of  Alaska,  began  and  held  at  Sitka  in  said 
'  District  on  Monday  the day  of  May.  issCi,  and  ad- 
journed from  time  to  time  until  August  i-'s,  issi;,  when 
M.  D.  Ball,  Esq.,  U.  S.  Attorney  for  the  Disliict  of 
Alaska,  presented  and  filed,  the  libel  of  information  in 
said  cause,  which  is  in  words  and  figuics  following,  to- 
wit: 

In  the  District  Court  of  the  United  States  for  the  Dis- 
trict of  Alaska. 
August  Special  Term  ISsd. 
(^QTothe  Honorable  Lafayette  Dawson,  Judge  of  said  Dis- 
trict Court. 
The  libel  of  information  of  M.  D.  Ball,  Attorney  for  the 
United  States  for  the  District  of   Alaska,  who  prosecutes 
on  behalf  of  the  said  United  States  against  the  schooner 
Thornton,   her  tackle,  apparel,  boats,   cargo  and  funii- 


82 


(Exhibit  No.  45). 

ture,  and  against  all  persons  intervening  for  their  interest 
therein,  in  a  cause  of  forfeiture,  alleges  and  informs  as 
follows: 

That  Charles  A.  Abbey,  an  officer  in  the  Revenue 
Marine  Service  of  tiie  United  States  and  on  special  duty 
in  the  waters  of  the  District  of  Alaska,  heretofore,  to-wit, 
on  the  first  day  of  August,  ISSO,  within  the  limits  of 
lo  Alaska  Territory  and  in  the  waters  thereof,  and  witliin 
the  civil  and  judicial  District,  to-wit,  witliin  the  watei's  of 
that  portion  of  Behring  Sea  belonging  to  said  District,  on 
waters  navigable  from  the  sea  by  vessels  of  ten  or  more 
tons  burden,  seized  the  ship  or  vessel  commonly  called  a 
schooner,  the  Thornton,  her  tackle,  apparel,  boats, 
cargo  and  furniture,  l)eing  the  property  of  some  person  or 
persons  to  the  said  Attorney  unknown,  as  forfeited  to  the 
United  States  for  the  following  causes: 

Tiiat  the  said  vessel  or  schooner  was  found  engaged  in 

20  killing  fur  sea4  within  tlie  limits  of  Alaska  Territory,  and 

in  the   waters  thereof,  in  violation   of   Section   nineteen 

hundred  and  fifty-six  of  the  Revised  Statutes  of  the  United 

States. 

And  the  said  Attorney  saitii  that  all  and  singular  the 
premises  are  and  were  true  and  within  the  admiralty  and 
maritime  jurisdiction  of  this  Court;  and  that  by  reason 
theref)f,  and  by  foi'ce  of  the  Statutes  of  the  United  States 
in  such  cases  made  and  provided,  the  aforementioned 
schooner  or  vessel,  being  a  vessel  of  over  twenty  tons  bur- 
30 den,  her  tackle,  apparel,  boats,  cargo  and  furniture,  be- 
came and  are  forfeited  to  the  use  of  the  United  States, 
and  that  said  schooner  is  now  within  the  District  afore- 
said. 

Wherefore,   the  said   Attorney   prays   that   the   usual 

Erocess  and  monition  of  this  Honorable  Court  issue  in  this 
ehalf,  and  that  all  persons  interested  in  the  beforemen- 
tioned  and  described  schooner  or  vessel  may  be  cited 
in  general  and  special  to  answer  the  premises,  and  all 
due  proceedings  being  had,  that  the  said  schooner  or  ves- 
40se],  her  tackle,  apparel,  boats,  cargo  and  furniture,  may 
for  the  cau!::e  aforesaid,  and  others  appearing,  to  be  con- 
dennied  by  ti;e  definite  sentence  of  this  Honorable  Court, 
as  forfeited  to  the  use  of  the  said  United  States,  according 
to  the  form  of  the  Statute  of  the  said  United  States  in 
such  cases  made  and  provided. 

M.  D.  BAI  L, 
U.  S.  Dist.  Attorney  for  Alaska. 

(Endorsed) — No.  r»(t.  United  States  r.s.  Schooner  "Thorn- 
ton." Ijjbel  of  Information.  Filed  this  ^Hth  day  o' 
August,  ISSf). 

ANDREW  T.  LEWIS, 
Clerk. 


50 


Depositions  of  Wh'nksses  Examinkd  Septk.mbku  7,  ISSd. 

Captain  C.  A.  Abbey,  being  duly  sworn,  deposes  and 
says: 

Mr.  Payson: 
60     Q.  State  your  name  and  occupation? 

A.  Captain  C.  A.  Abbey,  in  the  United  States  Revenue 
Marine  service,  at  present  in  conunand  of  the  U.  S.  Reve- 
nue steamer  "  Corwin,"  on  special  duty  in  Alaska  waters, 
for  the  protection  of  the  Seal  Islands,  and  of  the  Govern- 
ment interest  in  Alaska  generally. 


88 


(Exhibit  No.  45). 

Q.  What  were  you  doing  and  what  occuri'ed  on  the  first 
day  of  August  last  in  the  line  of  your  duty? 

A.  I  was  cruising  in  belning  Sea,  about  70  miles  south 
southeast  from  St.  George  Island,  in  about lati- 
tude and Longitufle.     I  found  the  four  boats  of 

the  British  steam  schooner  "  Tliornton,"  of  Victoria, 
B.  C,  engaged  in  killing  fur  seal.  Each  boat  had  in  her 
10 from  three  to  eight  freshly  killed  seal,  arms  and  ammu- 
nition, rowers  and  hunters,  wlio  stated  that  tliey  belonged 
to  said  schooner  "  Thornton."  and  were  engaged  in  taking 
or  killing  fur  seal.  Some  of  theui,  if  not  all.  were  seen 
shooting  at  the  fur  seal  vhich  were  swimming  in  their 
neighborhood.  On  this  evidence  I  caused  the  vessel  to  be 
seized  by  Lieut.  Cantwell;  took  her  in  tow  and  proceeded 
with  her  to  Oonalaska,  where  I  placed  the  vessel,  cargo, 
tackle,  furniture  and  a])purteuances  in  ciiarge  of  Deputy 
United  States  Marshal  Isaac  Anderson,  of  Oonalaska. 
^oTIie  cargo  of  fur  seal  being  stored  in  "  Ketch  "  in  one  of 
the  warehouses  of  the  Alaska  Commercial  Company,  and 
under  seal.  One  boat  of  the  "Thornton"  was  sent  to 
Sitka  by  the  schooner  "San  Diego,"  and  placed  in  the 
custody  of  the  United  States  Marshal  at  Sitka.  All  of 
this  property  is  now  in  the  custody  of  the  United  States 
Marshal  at  Sitka,  including  her  arms  and  ammunition, 
which  I  brought  to  Sitka  on  the  "Corvvin." 

Q.  Was  this  the  vessel  against  which  this  libel  of  infor- 
mation was  filed? 
30     A.  It  is. 

Q.  Did  this  all  occur  within  the  waters  of  Alaska,  and 
the  Territory  of  Alaska,  and  within  the  jurisdiction  of 
this  Court? 

A.  It  did. 

i^.  Did  this  occur  within  the  waters  of  the  sea  navi- 
gable for  vessels  of  ten  (10)  tons  burden  or  over? 

A.  It  did. 

C.  A.  Abbey. 

Subscribed  and  sworn  to  before  me  this  9th  day  of  Sep- 
40tember,  1886,  after  having  been  read  over  by  me  to  de- 
ponent. 

ANDREW  T.  LEWIS, 

Clerk  U.  S.  District  Court. 


Lieut.  John  C.  Cantwell  being  duly  sworn  depose 
and  says: 

Mr.  Pay  son: 

Q.  State  your  name  occupation  and  age. 

A.  John  C.  Cantwell  ;^rd  Lieut.  U.  S.  Revenue  Marine 
50  Service,  at  present  on  duty  U.  S.  Revenue  Steamer  "  Cor- 
win  "  and  over  the  age  of  twenty-one  years. 

Q.  Were  you  so  on  the  Jst  day  of  August  last? 

A.  I  was. 

Q.  State  what  occurred  on  that  daj''  in  the  line  of  your 
duty. 

A.  I  saw  a  small  boat  on  o)ir  port  bow,  we  came  up  to 
her,  and  found  ^he  had  about  eight  fur  seal  aboard.  The 
men  in  the  boat  wore  armed  with  breech  loading  rifles.  In 
answer  to  the  coiuniandiug  officer  the  men  admitted  they 
Tx)  vvere  killing  fur  s  al  Shortly  after  we  picked  up  a  sec- 
ond boat,  and  then  sighted  the  schooner  "Thornton." 
There  were  dead  seal  in  the  second  boat.  I  did  not  ex- 
amine the  other  b«wt5*.  I  was  sent  on  board  the  schooner, 
saw  Hans.  Guttorm?<'n  apparently  acting  as  Captain,  and 
Henry  Marman  as  mate.     1  asked  them  what  they  were 


B^ 


84 

(Exhibit  No.  45). 

doing,  the  Captain  replied,  catching  seals.  I  signaled  this 
to  Captain  Abbey,  who  directed  me  to  seize  her,  which  I 
did,  and  the  "Corwin"  took  the  schooner  in  tow.  The 
fur  seal  in  the  boats  were  bleeding  and  must  have  been 
killed  within  a  few  hours. 

Q.  How  many  men  were  on  board  th^^  "Thornton"  at 
the  time  of  seizure? 
lo     A.  About  fifteen. 

Q.  Was  this  a  reasi  .liable  number  for  ordinary  purposes 
of  commerce  and  navigation? 

A.  It  was  an  unusually  large  number  for  the  size  of  the 
vessel. 

Q.  Do  you  recognize  this  paper  marked  (Ex.  "  N  ")? 
A.  I  do.  It  is  the  official  inventory  made  by  me  of  the 
furniture,  tackle  and  cargo  of  the  schooner  "Thornton," 
the  item  WA  seal  skins  mentioned  in  the  inventory  are  fur 
seal  skii  s.  This  inventory  gives  a  full  and  correct  list  of 
20 all  the  furniture,  tackle  and  cargo  of  said  vessel,  with  the 
exception  of  the  following  arms  and  ammunition,  octant, 
and  one  chronometer. 

This  witness  then  signed  his  name  on  the  back  of 
this  paper,  for  the  purpose  of  identification,  and  made 
the  same  a  part  of  deposition. 

ANDREW  T.  LEWIS, 

Clerk. 

By    Witness:    There    is   one    boat    belonging    to    the 
,    "  Thornton ''  that  was  sent  down  on  the  "  San  Diego  "and 
^   included    on  the  inventory  of  the   "San   Diego."    The 
"Thornton"  had  four  boats. 

JOHN  C.  CANTWELL, 

3rd  Lt.  U.  S.  R.  M. 

Subscribed  and  sworn  to  before  me  this  !»th  day  of 
Sei)teinber,  A.  D.  18t<«i,  after  having  been  read  over  by  me 
to  deponent. 

ANDREW  T.  LEWIS, 

Clerk  U.  S.  District  Court. 


John  M.  Rhodes,  being  duly  sworn,  deposes  and  says: 
Mr.  Pay  son: 

Q.  State  your  name,  age  and  occup-ation. 

A.  John  M.  Hliddes,  over  twenty-one  years  of  age,  and 
a  Lieut,  in  the  U.  S.  Reveime  Marine  and  attached  to  the 
Revenue  steamer  "  Corwin."  and  was  so  on  August  1st, 
lb.s(i. 

Q.  State  what  hapiiencd  on  the  la.st  named  day  in  con- 
nection with  the  schooner  "Thornton." 
io  A.  I  was  on  the  "  Corwin"  at  the  time  the  "Thornton" 
n-as  seized  on  that  day.  We  first  picked  up  a  boat  bearing 
the  name  "Thoriiton."  It  had  about  eight  dead  fur  seal 
in  it.  The  men  in  the  boat  bad  l)r('ecbloading  rifics.  We 
afterw-anls  picked  up  another  boat,  and  then  sighted  the 
schoonnr  "  Thornton."  and  went  on  board,  and  was  put 
in  chatge  of  her.  We  aftorwaids  picked  uj)  two  more 
boats.  The  men  in  the  lio.its  claimed  that  the  boats  be- 
longed to  the  "  Thornton."  and  were  put  on  board  iier. 
There  were  between  fifteen  or  twenty  dead  fur  seal  on 
'^deck  and  one  hair  seal.  These  seal  were,  the  niost  of 
them,  bleeding,  and  evidently  recently  killed.  The  Cap- 
tain and  sev(>ral  of  the  huntei  -;  said  they  had  killed  twenty- 
one,  I  think  it  was  fur  seal^  that  day,  and  would  have  got 
more  if  they  had  had  more  day  light,  and  if  the  cutter  had 
not  come  up. 


S5 


(Exhibit  No.  +5). 

Q.  Do  yoii  recognize  these  papers? 

A.  I  do.  Thifc.  paper  niariced  (Ex.  "G.")  is  the  clearance 
paper  of  the  schooner  "Thornton."  This  paper  marked 
(Ex.  "  H.")  is  her  bill  of  health.  I  found  these  papers  on 
the  schooner  "  Thornton  "  at  the  time  of  seizure  and  then 
took  possession  of  them. 

The  witness  then  signed  his  name  to  these  papers 
10        for  the  purpose  of  identification  and  made  the  same 
a  part  of  the  deposition. 

ANDREW  T.  LEWIS. 

Q.  What   was  the  list  of  arms  and  amunition  found 
aboard  the  schooner  "  Tliornton  "  at  the  time  of  seizure? 
A.      4  Rifles. 

<)  Shot  guns. 
867      "       "      Cartridges. 
420  Rifle 
lOslbs.  Powder. 
2  Bags  bullets. 
11  Bags  buck  shot. 
.')  bxs.  wads. 
3i    "  primers. 
Q.  What  became  of  these  arms  and  ammunitions 
A.  They  werj  delivered  to  the  U.  S.  Marshal  at  Sitka, 
and  are  now  in  his  custody. 

JOHN  M.  RHODES, 

Lieut.  U.  S.  R.  M. 
30     Subscribed  and  sworn  to  before  me  this  8th  day  of  Sep 
tember,  A.  D.  188t>,  after  havmg  been  read  over  by  me 
to  deponent. 

ANDREW  T.  LEWIS, 
Clerk  of  the  U.  S.  Dist.  Court. 


:o 


M  r 


40 


John  M.  Rhode.s,  being  duly  sworn  deposes  and  says: 
Mr.  Payson: 

Q.  State  your  name,  age  and  occupation? 

A.  John  M.  Rhodes  Lieut.  U.  S.  Revenue  Marine,  at 
present  on  duty  on  the  U.  S.  Revenue  Steamer  ''  Corwin  " 
and  over  the  age  of  twenty-one  years. 

Q.  State  what  nautical  instruments,  if  any,  were  seized 
on  the  schooner  "Thornton"  except  such  as  are  included 
in  the  general  interventory? 

A.   1  Chronometer,  No.  1374,  made  by  Kessels. 
I  Octant. 

Q.  What  has  become  of  this  property? 

A.  1  turned  it  over  to  the  U.  S.    Marshal  at  Sitka,  and 


-git  is  now  in  his  custody 


JOHN  M.  RHODES. 
Subscribed  and  sworn  to  before  me  this  !)th  day  of  Sep- 
tember, A.  D.  1880,  after  having  been  read  over  by  me  to 

deponent. 

ANDREW  T.  LEWIS, 

Clerk  U.  S.  District  Court. 


60 


w 


H() 


(Exhibit  No.  45). 

Inventory  of  Pkoi'Erty  on  board  the  British  Steam 
Schooner  "Thornton."  Delivered  into  the  custody 
of  the  U.  S.  Dept.  Marshal  Isaac  Anderson,  Ounalaska, 
Alaska,  August  15th,  18sr.. 

1  Schooner  (the  Thointon)  of  Victoria,  B.  C. 

;^  Anchors Fair 

lo;?  Axes " 

1   Auger " 

1  Brace  and  bit " 

'^  Boats,  fishing,  with  sails  and  gear " 

1  Broom,  corn " 

4  Buckets       " 

1 -Bell,  ships Good 

I   Bottom,  hand " 

1  Barometer " 

1   Binnacle,  light Fair 

20l'  Blocks,  double. " 

L'        •'       single " 

s  Casks,  water " 

1  Cliisle.  cold Good 

1         '  ■      wood " 

;'>  Compasses,   boat Fair 

L>            "            large •' 

1  Clock " 

2  Cables,  chain,  4".  and  jin " 

.'i  Tons  coal Good 

3°:^  Charts Fair 

10  Yds.  canvas Good 

1  Calking  iron *' 

1  Coffee  itot Fair 

2  Files _ " 

1  Flag,  Br " 

1  Fog  horn.. " 

4  Fishing  lines " 

2  oil  Fair 

2  Fire  tools _ Good 

4°!  Grindstone " 

1  Globe,  lam]» " 

L'  glasses " 

2  Hatchets " 

1   Hninmer " 

;")( I  Ft .  hose,  fine  rubber  Hin " 

;>  Jugs,  water " 

1  Kettle,  iron   *' 

:',  Knife  Sheaths " 

'_'  Lamps,   swinging ...  Fair 

5°!  Lamp,deck " 

2  Lead  pigs Good 

•J  Lanterns,   side " 

1   Longline  and  2  glasses " 

1  Lead  line  and  tow  (71b.) " 

1  Life  buoy  and  line.... " 

120  Fathdins  manilla  line " 

1  Mallet,   sewing... Fair 

;■>  Pounds  nails  asst Good 

5  Gals,  fish  oil '• 

607      "     coal    " " 

L'o  Oars  (10ft.) _ " 

I   Plane Fair 

12  Pfddles... " 

1  Palm,  sewing Fair 

I  Pump,  bilge Poor 


87 

(Exhibit  No.  45). 

1  Pitcher,  water Good 

4  Ft.  packing  rubber  for  cyhnder  " 

['2  Row  Locks " 

20  Sacks  Salt,  4U0  IbH.  each " 

1  Saw 

■2  Stoves Fair 

I  Square,  carpenter's " 

10  1  Spike,  marhn '' 

1  Slop  bucket " 

:'.  Shirts,  caHco "' 

1  Shirt,  Woolen ..- " 

J  Scraper " 

1  Screw  Driver " 

•.'Shovels "     . 

1  Screw  Lamp " 

1  Starting  bow " 

4(18  Seal  skins " 

20  8        "        "      pup " 

1  Seal  skin  hair " 

Sail  and  Running  Rigging. 

3  Main  sails  with  one  set  of  gear  complete.... 

2  Fore  sails  with  one  set  of  gear  complete 

I  Jib  with  one  set  of  gear  complete 

1  Flying  jib  with  one  set  of  gear  complete 

4  Boat Fair 

■'<  Tanks,  iron Good 

1  Tacklewatch.. " 

■^    1  Tarpan  line 

1  Wrench,  monkey '' 

2  Wrenches,  ordinary " 

Provisions. 

■')  Boxes  bread - -. 

4or)  ll)s,  Flour 

KMi   "    Lard 

Received  from  Capt.  C.    A.  Abbey,  Commanding  the 

U.  S.  Rev.  Str.  "  Corwin,"  the  above-mentioned  property, 

'*°  which  I  will  hold  until  it  is  demanded  by  legal  authority. 

I.  Anderson, 
Deputy  IT.  S.  Marshal. 

Ounalaska,  Alaska,  August  14th.  1^^S<1. 
Exhibit  "N" 
John  C.  Cant  well. 
A.  T.  L. 

And  afterwards  to-wit,  on  September  2oth,   188(1,  the 
ilefendant,  J.  D.  Warren,  tiled  his  demuirer  to  the  libel 
50 of  information  herein,  which  is  in   words  and  figures  fol- 
lowing, to-wit: 

L\  THE  UNITED  STATES   DISTRICT  COURT 
For  the  District  of  Alaska. 

District  op  Al.\ska,   ] 
United  States,         | 

?vs.  I'  Demurrer. 

J.  D.  Warren  and  the  I 
Schooner " Thornton."  J 
60     The  demurrer  of  J.  D.  Warren  claimant  of  the  property 
p'-oceeded  against  in  the  above  cause,  to  the  information 
filed  herein. 

1st. 
Tlie  said  claimant  by  protestation,  not  confessing  all  or 
anv  of  the  matters  in  the  said  amended  information  con- 


r^^ 


20 


88 

(Exhibit  No.  45). 

tainod  to  be  true,  ilomurs  thereto  and  says:  Tliat  the  said 
matters  in  manner  and  form,  as  tlie  sam»?  are  in  the  in- 
formation stated  and  set  forlii,  are  not  sutticient  in  law 
for  the  Unit«d  States  to  havu  and  maintain  their  said  ac- 
tion for  the  forfeituie  of  the  propeity  aforesaid. 

•J.ND. 

The  said  claimant  l)y  protestation  denies  tliat  this  Court 
10  has  jurisdiction  to  determine  or  try  tlio  (|Ue8tion  liereliy 
put  in  issue. 

;{K0. 
And  that  the  said  claimant  is  not  hound  in  law  to  an 
swer   the   same.      Wherefore  claimant    prays  that   .said 
information  may  l)e  dismissed  with  costs. 

VV.  CLAKK  &  D.  A.  DIN(iLEV. 
Pi'octors  for  Claimant. 

(Endorsed^— No.  5(>  In  Admiralty.  In  the  United  States 
District  Court  for  the  District  of  Alaska.  United  States 
vs.  J.  D  Warren  and  the  Schooner  "Thornton.'"  De- 
murrer.    Filed  Sept.  -2t\  isjstl. 

ANDItEW  T.  LEWIS, 
Clerk. 
W.  Clark  &  D.  A.  Dinoi-ky, 

Proctors  for  claimant. 
And  on  the  same  date,  the  defendant  J.  D.  Warren  tiled 
his  answer  herein,  which  is  in  words  and  figures  following, 
lo  wit: 

30        IN  THE  UNITED  STATES  DISTRICT  COURT 
For  thk  District  of  Alask.\. 
UNrrKi)  States  | 

J.  D.  Warr..:n  Imd  the  Schooner  f  ^''^wer  of  Claimant. 
"  Thornton."  J 

The  answer  of  J.  D.  Warren,  owner  and  claimant  of  the 
said  schooner  "Thornton,"  her  tackle,  ai)parel,   fuiniture 
and  caigo,  as  the  same  are  set   forth   in   the   information 
40 filed  heiein  in  hehalf  of  the  United  States. 

And  now  comes  J.  D.  Warren,    claimant   as  aforesaid, 
and    for  answei'  t<j  the  said  information  against  the  saiil 
schooner  "Thornton,"  her  tackle,  apparel,  furniture  and 
cargo  set   forth   in   said   infoiniation,    say   that  the  said 
schooner  ••  Thornton,"  her  tackle,  apparel,  furniture  and 
cargo  as  set  forth  in  the  information  mentioned,  did  not. 
nor  did  any  part  thereof  become  forfeited  in  manner  and 
form,  as  in  said  information  in  that  behalf  alleged,  or  at 
all.     Wherefore  the  said  claimant  i)rays  that  said  informa- 
Sotion  be  dismissed  with  costs  to  this  claimant  attached. 
W.  CLARK  and  D.  A.  DINGLEY. 
Proctors  for  Claimant. 
United  States,    { 
District  of  Alaska,  )  ^  •' 

Personally  ai)peared  before  me  W.  Clark,  who  being 
first  duly  sworn,  on  oath  says:  I  am  the  duly  authorized 
proctor  for  the  above  named  claimant,  that  the  fore- 
going answer  is  true,  as  I  seiily  believe.  Tiiat  the 
reason  this  affidavit  is  made  by  me  and  not  by  said  daim- 
'^ant  is  that  .said  claimant  is  anon-resident  and  absent  from 
the  District  of  Alaska. 

Sworn  and  subscribed  to  before  me  this  day  of 

Septembei',  I88ti. 


Clerk  of  the  U.  S.  Dist.  Court  for  the 
District  of  Alaska. 


(Exiiibit  No.  4.-)). 

(Eiifloiaed.)  No.  .5(i.  In  Admiralty.  In  tlu'  L'.  8.  Dist. 
Court  foi  the  I)istiict  of  Alaska.  Tnitt'd  Status  !•,><.  J.  1). 
WaiTon  and  the  schooner  "Thornton."  Answer.  Filed 
Sept.  20,  1880. 

ANDKEW  T.  LEWIS, 
Clerk. 
W.  Clakk  and  D.  A.  Dinoi.ky. 
10  Proctois  for  Claimant. 


And  afterwards  to  wit,  on  ()oto!)(>r  :i4,  Issc,  the  follow- 
ing further  proceedings  were   had.   and  appear  of  record, 
in  said  canse,  vvliich  are  in  words  and  figures  following, 
to- wit: 
In  the  matter  of  the  United  States  j 

vs.  >  No. 

Schooner  "Thornton."  j 

,ij  The  Marshal  having  returned  on  the  mduition  issued  to 
him  in  the  aliove  entitled  action  that  in  obedience  thei-eto 
he  has  attached  the  said  schoonei'  "Thornton"  her  tackle, 
apparel,  boats,  caigo  and  furniture,  and  has  given  due 
notice  to  all  jjcrsons  claiming  the  sam(!  to  appear  befoi'e 
this  Court  on  the  4th  day  of  October,  isst;,  at  lo  o'clock 

A.  M.  at  the  District  of  Alaska,  United  States  of  America, 
then  and  there  to  interpose  their  claims  and  make  their 
allegations  in  that  behalf:  and  Hans  Guttormsen,  the 
captain  of  said  vessel,  having  lierotofore  tiled  a  claim  to 

,Qall  of  said  jjroperty  <»n  behalf  of  J.  D.  Warren  of  Victoria, 

B.  C,  the  owner  thereof,  and  no  other  peisoiis  having 
appeared,  and  no  claims  or  allegations  having  been  made 
or  filed  herein  by  any  othei-  person  or  persons;  and  the 
usual  proclamation  having  been  made,  and  said  cause 
having  been  heard  upon  the  pleadings  and  proofs,  M.  D. 
Ball,  Esq.,  and  Wm  H.  Payson,  Es(|.,  appearing  as 
advocates  for  said  libellants,  and  W.  Clark  as  advocate  for 
said  claimant,  and  said  cause  having  been  submitted  to 
the  Court  for  decision,  and  due  deliberation   having  been 

.gliad  in  the  premises,  it  is  now  ordered,  sentenced  and 
decreed  as  follows: 

1st.  That  all  persons  whatsoever  other  than  said 
claimant  be  and  they  are  hereby  declared  in  contumacy 
and  in  default. 

2nd.  That  said  schooner  "Thornton,"  her  tackle, 
apparel,  boats  and  furniture,  and  caigo  of  four  hundred 
and  three  (403)  fur  seal  skins,  and  all  other  property 
found  upon  and  appertinent  to  said  schooner  be,  and  the 
same  are  hereby  condemned  as  forfeited  to  the  use  of  the 
-Q United  States. 

3rd.  That  unless  an  appeal  bo  taken  to  this  decree 
within  the  time  limited  and  ])rescribed  by  law  and  the 
rules  of  the  Court,  the  usual  writ  of  voiditioiii  exponas 
be  issued  to  the  Marshal  commanding  him  to  sell  all  the 
said  propel  ty  and  bring  the  proceeds  into  this  Court  to  be 
disbursed  according  to  law. 

Cost  to  be  taxed,  are  awaided  against  said  claimant. 

Dated  (October  4,  issti. 

Lafayette  Dawson, 
rio  District  Judge. 


And  on  the  same  date  the  defendant  filed  motion  to  set 
aside  decree,  which  is  in  words  and  figures  following,  to 
wit: 


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(Exhiliit  No.  4.'. I. 

In  thf  ITtiited  StaU'8  District  Court  for  tht-  District  of 
Alaska. 

United  StateH  1 

va.  I  Motiiin  to  set  aside 

J.     D.    Warren,    and   tho   Scliooner  f     Dfcree. 
"Thornton."  I 

Now  comes  \V.  Clark  anti  D.  A.  Dingley.  proi-tors  in- 
ioterv(>ning  for  and  in  lieiialf  of  tiie  claimant  herein,  and 
moves  till!  Conrt  to  set  asitlf  the  decree  rendered  herein, 
for  the  reason  that  tlie  evidence  produced  on  hehalf  of  the 
United  States  is  wholly  insuthcient  n|ioii  which  to  huse  said 
decree. 

W.  CLAHK  an!  D.  A.   I)IN(JI.EY. 

Froct(jrs  for  Claimant. 

(Endorsed)-  No.  .'lO.  In  Admiralty.  In  the  United  States 
District  Conrt  for  the  District  of  Alaska.  Unite<l 
States  r.s.  J.  D.  Warren,  and  the  sduntner  "Thorn- 
ton."    Motion  to  set  aside  decree.     Filed  Octolier  4th, 

ANDREW  T.  LEWIS. 

Clerk. 
W.  Clakk  and  D.  A.  Din(ii,ky, 

Proctois  for  Claimant. 


2o 


And  on  the  same  date  the  following;  fii  it  her  proceedings 
were  had  and  appear  of  ivttord  in  said  cause,  which  are  in 
30  words  and  figures  following,  to  wit: 

In  the  matter  of  the  United  States  | 

I 'a  •  N«t.  r»o. 

Schooner  "Thornton."  \ 

Now,  at  this  time  came  the  parties  named   above  by 
their  attorneys,  M.  D.  Ball,  for  plaintiff,  and   W.  Clark, 
for  defendant,  and  move  the  Conrt  to  set  aside  decree. 
Whereupon  it  is  ordered  that  said  motion  be  overruled. 
And  on  the  same  date  the  defendant  filed  notice  of  ap- 
peal, which  is  ill  words  and  tigurex  following,  to  wit: 
"^^     In  the  United  States  District  Court  for  the   District  of 

United^States  jNoticeofAp- 

J.  D.   Warren  and  Schooner  "  Thornton."  j        I*®*'' 

And  now  comes  W.  Clark  and  D.  A.  Dingley,  Proctors 
foi  and  in  behalf  of  the  claimant,  aial  notifies  this  Honor- 
able Court  that  they  hereby  appeal  from  the  Decree  ren- 
dered herein  to  the  Circuit  Court  having  appellate  juris- 
CQ diction  over  this  District,  and  that  said  appeal  is  taken  on 
questions  of  law  and  fact,  and  prays  the  Court  for  an 
order  on  its  Clerk  to  prepare  a  complete  transcript  of  the 
record  herein,  as  the  law  requires. 

W.  CLARK  and  D.  A.  DINGLEY, 

I'roctors  for  claimant. 

(Endorsed)— No.  .'io  In  Admiralty.     In  the  United  States 
District  Court   in    and   for  the  District    of  Alaska. 
United  States   rs.  J.  I).    Warren,  and  th"  Schooner 
"Thornton."     Filed  Uctoln-r  4th.  l^H»l. 
60  ANDREW  T.  LEWIS, 

Clerk. 
W.  Clakk  and  D.  A.  Dinoi.ev. 

Proctors  for  Claimant. 


!)1 

(Rxliihits  Nos.  4«i  and  47). 

EXHIBIT  NO    46  (0   B ).  CLAIM  NO   2. 

liETTRK  (lattxl  at  Sitk.i,  HK|tteml)L>r  4,  iSMtt,  from  Huns 
(iutturnisen  t«»  J.  I).  Waii-en. 
This  letter  is  printed  in  fnll  at  \>:\^e  !»4)»  of  the  Record 
liurein. 


lO 


EXHIBIT  NO  47  (0   B )   CLAIM  NO.  2 


\A)(i  Book  of  schooner  "Tiiornton  "  fiom  May  M  to  Sep- 
tember l<t,  |ss«j  (^previously  marited  No.   US  for  iden- 
tification). 
Hy  order  of  the  Commissioners  on  consent  of  counsel 
only  the  followin}r  e.\trai'ts  from  this  exhibit  are  printed: 

EXTKACT.S   KIIO.M    L»M1   OK   "  TllORSTOy." 

Col'Y  OF   AuuKKMKNT  made   the  i'."»th   of    May,    issti, 

hi'twtH'n  J.  I).  Warren,  of  the  first  part,  on  liehalf  of  the 

.;i>Hchooner  "  ThornfiMi,"  now  ready  to  procee<l  on  a  fishing 

and  luintin^;  voya^^e,  and  several  undersif^ned  parties  of 

tile  secoml  part. 

In  consideration  if  the  sum  of  one  dollar  each  paid  to 
the  other  we  and  all  a^ree  as  follows: 

FiK.sT,  I.  .).  I).  Warren  aj»ree  toeipiip  the  said  Schooner 
"Thornton"  with  provisions,  salt,  annnunition.  Ki">i^i 
rill'is,  and  all  such  necessaries  for  the  voyage,  and  send 
the  said  vessel  to  the  North  West  Coast  and  the  Rehring 
Seas,  or  wheie  the  Master  may  Miiiik  best  for  the  purpose 
30  of  fishing  and  hunting. 

SkcoxI)  Vaht,  W.  each  of  us  of  the  second  part,  agree 
to  proceed  on  the  said  Schooner  "  Thornton,"  and  will 
obey  tile  .Master's  orders,  and  in  the  capacity  and  for  the 
stated  sum  as  set  ngain.st  our  resiwctive  names. 

The  voyage  to  end  »)n  the  return  of  the  said  Schooner 
"  Thornton  "  to  Victoria,  or  some  other  Port  in  B.  C,  the 
dangers  of  the  Sea  and  navigation  excepted. 
Hunter.      One    Dollar    and     fifty  ^ 

cents   for    each    fur   seal    de-  I  v  ;i  hi  .; 
40        livered  in  go<Hl  order  by  me  to  !  *^''"  ^'^•'"^I'n- 
Schr.  "Thornton.''  J 

Hunter.     i?l.."iO   for  each   fur  seal  1 

delivercHl  in  good  t»rder  l»v  me  >  (J.  W.  Cleveland, 
to  Schr.  "Thornton."'  \ 

Hunter.     !ifil..">o   for  each   fur  seal  | 

delivered  in  good  order  by  me  ■  Ueorge  W.  Johnson, 
to  Schr.  "  Thornton."  ) 


Hunter.  ♦l.i"»o  for  each  fur  aeul 
delivered  in  good  order  by  me 
50  to  Schooner  "  Thornton." 
Boat- pullers.  Fifty  cents  for  each 
fur  seal  delivered  in  good  order 
to  the  Schooner  " 'niornton," 
from  the  Hunter  of  the  boat 
that  I  may  be  working  in  at 
the  time  that  they  were  got. 

.J.  1).  AVAHUAN, 
On  behalf  of  the  Schooner 
Witness: 

^«  M.  N.  S.4HEAULT. 


Fred.  Wilber. 


'  Sam.  Lawless. 
'  John  Doiiggan. 
Slobn  Dallas. 
!  Jack  Douglas. 
Wm.  Cleveland. 


Thornton." 


20 


30 


9» 

(Exhibit  No.  47). 
Extracts  from  Log  of  "Thornton." 

May2(i,  issu. 
At  Clayoquot— Strong  8.  E.  an<i  rain. 
12  men  on  board,  fitted  up  for  a  hunting  voyage,  with  4 
Itoats  and  14  men.     Bar,  not  to  depend  on. 

Man '27,  !■'<'*♦■»• 
At  Clayoquot— StrcMig  S.  E.  and  rain. 
'°     At  3  P.  M.   left  Clayoquot— Wind   moderating.     At  7 
arrived  in  Ahouset. 

May  '>s,  lSf>«!. 
Light  breezes  from  W.  S.  E.  and  clear  weather. 
The  Compass  is  found  to  have  K!  Westling  Deviation 
for   West  Course,  and  decreases  in  proportion  to  o  for 
North  and  o  for  South. 

At  11  left  Ahouset.     At  ll.liOgot  one  Indian  on  board 
as  Boat-puller,  lielonging  to  Hosquot. 
P.M.    Obs:  ]-ong:  li'»'>  7.     All  sails  set. 

May  -29,  ISSC. 
Calm  and  clear  weather.   At  s.  the  Boats  left  the  vessel. 
Light  S.  W.  and  clear.     At   '.i,  the  l)oat8  returne<l  on 
boaid  with  :{  seals.     Set  course  for  Tles(|uart  -for  to  get  2 
Indians  as  Boat-pullers. 

At  7  arrived  at  TIesqjiOrt. — Did  not  drop  the  anchoi-s, 
but  headed  her  at  once  for  Nutka  Sound — as  the  Indians 
would  not  f5()  with  us. 

May  ;'.(»,  ls8»t. 
Fresh  breezes  and  (riear.  At  lo  arrived  in  Trundle  Cove. 
P.  M.     Schr.  "Say ward"  arrived. 

MayM,  iss«. 
Fresh  Wi'sterly  breezes  and  clear. 
Got  one  Indian  on  board— (total  men  on  board,  14) 
At  »  left  Trundle  Cove.     All  well  on  board. 
P.  M.     Light  and  clear.     All  sails  set. 

Jiiue  1,  issrt. 
Freshening  a  little. 

ijiii:  49  2  N;  Long:  li'^-ll  W.     Fog  and  light  breezes. 
P.  M.     Verv  light  breezes  with  fog.     At  "2  tacked  ship. 

June  2,  issfi. 
Do.     Do.     Clear  weather.     Tacked  ship. 
Do.     Do.     At  !S.ao  Obs:  Long:  W.  128-41. 
The  boats  left  the  Schooner.  At  1 2.  Sun's  Alt :  rt:i'-47 -80'. 
P.  M.     The  boats  returned  with  2  seals. 
Fresh  breezes.     Thick  weather. 

Jam'  3,  ISsti. 
Cleared  up. 

Obs:  Lat.  N:  47-59;  Long.  W:  130-38.  Sun's  Alt.  04-4'. 
P.  M.    Light  and  clear  weather. 
Very  light.     Tacked  Ship.     Bar.  falling. 

June  4,  lss«>. 
Fresh  with  rain  thick.   Lat.  N:  4S-22;  Long.  W:  131-50. 
P.  M.    Clear. 

JniK'  5,  ISSC. 
Obs:  Lat.  N:  4S-23;  Long.  W:  132-20. 
Very  light  and  cloudy.     Sun's  Alt:  .54'-2'. 
1'.  M.    Fresh  breezes  and  rain  thick.     Passed  a  Bark 
steering  about  E.  N.  E.     Squally. 

June  (5,  issr.. 
Squallv.  Obs:  Lat.  N:  49-11;  Long.  W:  ISS-.W. 

Sun's  Alt:  G3°- 20'. 
P.  M.     Variable  and  squally. 

June  7,  188fi. 
Lat.  N:  50.24;  Long.  W:  134.3s 
Sun's  Alt:  r>2°-lH',  (not  to  depend  on). 


40 


50 


rx) 


98 


(Exhibit  No.  47). 

P.  M.     Light  breezOT  with  showei-s.    Tacked  Ship. 

June  H,  1886. 
Obs.  Lat.  N:  50-4:  Long.  W:  l8i)-54. 
Tacked  Ship.  SuiVs  Alt:  62°-3H'  in  S. 

P.  M.    Very  light  and  va.it»ijie.  Cloudy  weather. 

June  \  1886. 
Very  light.    Variable  and  cloudy.    Tacked  Ship.    Sun's 
ioAlt:61°-55'. 

Obs.  Lat.  N:  r)()-.52;  Long.  W:  13«-4. 

P.  M.  Tacked  Ship.  Very  light  air  with  cloudy  weather. 

2  boats  out  looking  for  seals.  At  4,  Obs:  Long.  136-8  VV. 

June  10,  1886. 
Calm.     Lat.  N:  50-56;  Long.  136-25.     Sun's  Alt:  62°-5'. 
P.  M.     Light  breezes.    Clear  weather.     Rain  thick. 

June  II,  1886. 
Thick  fog.     W.  S.  W.  Deviation  ri°  W. 
Lat.  N.  50-35;  Long.  138-45:; 

20       P.  M.       "        "         " 

June  12,  1886. 
Fine  breezes  and  thick  weather. 
W.  S.  W.  Deviation  12°  Westerly. 

Lat.  N.  50-31;  Long.  W.  141- 1 8. 
P.  M.     Cleai-ed  up  little.     Westerly  Sea  coming  up. 

June  13,  1886, 
Light  breezes  and  heavy  sea  from  W. 

Lat.  N.  50-28;  Long.  W.  142-40. 
Clear  weather.    Sun's  Alt.  62°-4'. 
30     P.M.     Very  light  and  calm.     Glass  falling  and  the  Sea 
going  down.     Cloudy. 

June  14,  1886. 
Light  air  and  cloudy.     Freshening  little. 
Fresh  breezes  with  rain  and  thick  weather. 
Lat.  N.  50-27;  Long  W.  145-56. 

June  15,  1886. 
Lat.  N.  50-14;  Long.  W.  146-21. 
P.  M.  Light  air  Avith  thick  weather. 
June  16,  1886. 
40     Variable  and  thick  fog.  Lat.  N.  5o-3;  Long.  W.  147-32. 
P.  M.     Fresh  breezes  with  thick  weather. 

June  17,  1886. 
Cleared  up  little.    Glass  falling  fast. 

Lat.  N.  51-17;  Long.  W.  148-6. 
Heavy  Sea  coming  up  from  the  Westward. 
P.  M.     Strong  breezes,  heavy  Sea. 
1.30  tacked  Ship— Reef  in  the  Main  Sail. 
At  4,  2  reef  in  the  Main  Sail  and  one  reef  in  Foresail 
and  Jib — put  her  round  for  Starboard  Tack,  heavy  Sea. 
50     At  10,  Main  Mast  had  carried  away  and  the  Main  Rigger 
came  down  by  run.     All  hands  to  work  for  to  saive  the 
Mast  from  going  over-board,  and  put  her  for  double  Reefe 
foresail. 

June  18,  1886. 
Blow  hard  in  squalls.    Heavy  rolling.     All  hands  at 
work  with  the  Rigging. 
Moderating  little.     Cleared  up  little  at  Noon. 
Sun's  Alt. :  63°-13'.     Lat.  N.,  50-56;  Long.  W.  148-5.     ' 
P.  M.    Blowing  strong  with  thick  weather— heavy  Sea. 
60  Dangerous  rolling. 

June  19,  1886. 
Lat.  49-39;  Long.  147-50. 
Cleared  up  little  between  the  squalls, 
P.  M.  Moderating.     Heavy  Sea. 


■*•. 


94 

(Exhibit  No.  47). 

June  20, 1H86. 
The  Sea  decreaHing  a  little. 

All  hands  at  work  with  the  Rigging,  and  steered  right 
for  the  wind  with  reefed  Jib.     Lat.N:  49-19;  Long.  147-64. 
P.  M.  Got  the  Rigging  fixed  ro  sails  could  be  set  again. 
All  sails  set.    Still  hope  to  come  to  Behring  Sea  in  good 
time. 
10  JuHe'il,  1H8«. 

Light  air  and  cloud v  weather. 

Lat.  N:  49-22;  Long.  W:  149-21.    Sun's  Alt:  64''--21'. 
P.  M.  Fresh  breezes. 

jH>/e22.  18H«i. 
The  wind  dying  away  and  the  weather  clearing  up. 
At  n  the      Stay  carried  away.   Got  it  fixed  agam  imme- 
diately. 
Obs.— I^t.  N:  48-10;  Long.  W:  151-C.   SunV  Alt:65''-5'. 
P.  M.  Calm.     Cloudy. 
20  Jidie  2:J,  I.S8U. 

Fine  breezes  coming  up.     liain  thick  and  fog. 
Got  one  seal.     Lat.  N:  48-28;  Long.  W:  150-41. 
P.  M.  Very  light  air,  with  thick  weather. 

Jime  24,  188rt. 
Very  light  air.     Weather  clearing. 
Lat.  49-1;  Long.  1.51 -3(».    Sun's  Alt.  64''-21'. 
P.  M.  Light  breezes.     Foggy  weather. 

June  25, 1886. 
Very  light  air.     Thick  weather  and  fog. 
30     Lat.  49-:i7;  Long.  152-40. 

P.  M.  Cleared  uj).     Freshening  little.     Fog. 

June  2t!,  188(i. 
Fine  breezes  with  thick  fog. 
Lat.  N:.^)0-lti;  Long.  \V:1.'>4-Ui. 
P.  M.  Fresh  iireezes  with  tliick  fog. 

Jiiiia  27,  lH8ti. 
Fresh  brt'ezes  witli  tliick  fog.     Lat.  51-8;  Long.  15«i-34. 
P.  M.  At  1  Ohs.— Lat.  .->  1-29  North. 
Sea  from  S.  W. 
40  June  2s,  lss(i. 

St'.i  from  S.  W.     Frcsli  Itieezes  with  thick  fog. 
Cleiirin};  little.     Lat.  N:  52-24;  Long.  W:  l.-)S-57. 
Sun's  Alt.  tlH^-:5r  ill  South.     Deviation  1:5  W. 
P.   M.    H.40  Obs.— Long.    VV:    Itio-.H.     Light  breezes. 
Cloud  V. 

./line  29,  issti. 
Very  light  air. .  Clear  weather. 
Lat.  .'.2 -.VI;  Long.  !(!(»-:$.     Sun's  Alt:  .W-.'id. 
Deviation  l2-.'{o  W. 
50     P.  M.     Light  breezes.     Thick  weather. 

Jmie  .".o.  iSHd. 
Light  breezi'S.     Thick  weather.     Clearing  little. 
Lat.  N:  5:?-;{7;  Long.  W:   101-41.     Sun's  Alt:  59-21. 
Deviation  i;^  \V. 
P.M.     Light  breezes  and  thick  weather.     Fog. 

July  1,  1880. 
Light  breezes.     Thick  weather.     At  4  o'clock  45.    (Black 
Sand). 
Fog.     Lat.  N:  .54-2;  Long.  163-7.     At  10  o'clock  49. 
60     (One  Schooner  in  sight  E.  N.  E.)     Deviation  14  W. 
P.  M.     At  1  o'clock  40. 

Calm  and  thick  fog.      At  6,  land  in  sight  (Tigalda 
Island,  in  North.)  5  or  7  miles  off. 

Lowered  boat  and  went  on  board  the  Steamer  "Dol- 
phin." 
("  Dolphin  "  107  seals). 


90 


ht 

14. 


(Exhibit  No.  47). 

Jnlfi  2,  188«. 
Calm  and  fog. 

At  6.  Cleared  up.    Steered  through  Uiiiniack  Pass  with 
Sail  and  Steam  also  in  tow  of  the  Schooner  "  Dolphin." 
Light  air  and  clear.     I^at.  54-15:  Long.  l«4-40. 
P.  M.    Schooner  "Grace"  in  sight,  about  16  miles  E. 
S.  E.,  off  Uniniack  Pass, 
lo     In  company  with  Schooner  "Alfred  Adams "  in  Uni- 
mack  Pass. 

At  .')  P.  .M.,   Schooner   "  Dolphin  "  left  us.     At  6  P.  M. 
bearing  from  land,  \a\%.  54-25;  Long.  lt(5-0. 
Steering  for  fresh  water  place  bearings  off  C.  Saritclew. 
Fresh  N.  N.  E.  and  cloudy. 

July  8.  IH8«. 
At  0  A.  M  anchored  in        Ft.  water.     Lat.  54-85;  fjong. 
104-3«,  and  filled  up  water. 
At  7,  Schooner  "Grace"  arrival  and  anchored. 
20     At !»,  left  the  anchorage— Steam  and  sail  -  very  light 
nir. 
High  tide  ebbing.    (At  11,  the  Tide  supposed  to  turn). 
P.    M.   (Steam  and  sail).     Very  light  air   and    thick 
weather. 
(The  stopped).     Fresh  breezes.     Light  breezes. 

July  A,  1880. 
Fine  breezes  and  cloudy  weather.    The  boats  loft  the 
vcHsel.     Lat.  N:  55-22;  Long.  W:  H!(!-ll. 
P.  M.     Light  breezes  and  cloudy  weather. 
30     The  Boats  returned  with  8  seals. 

July  5,  l8Hri. 
Fresh  breezes  and  cloudy. 

The  boats  left  the  vessel.  Lat.  N:  55-4<>;  Long.  W: 
Ifi7-2H.  Fog.  2  boats  returned.  Clearing  little.  Sun's 
Alt:  5('»-H5.    (The  current  must  sot  to  the  north.; 

P.  M.  (All  the  boats  out.)  I'lenty  of  seals  but  not  in 
sleep. 

Fog  and  rain.     (The  boats  returned   with   no  seals.) 
Tacked  ship.     Frusli  bret'ZPS. 
4°  .//(///  n,  iss«i. 

Light  broozL's  and  clearing  up.  Tacked  ship.  The  boats 
left  the  vessel.  Lat.  5(i-(i;  Long.  W:  l«>7-.->5.  (Many  ses>Is 
asleep  in  sight  from  tln^  vessel.)     Sun's  Alt:  ."»t'»-2!». 

P.  M.    Calm  and  clear.    Seen  over  4o  seals  sound  asleep 
from  the  schooner. 
Cloudy.    Light  breezes.    (Boats  returned  with  44  seals.) 

./»///  7,  issiJ. 
Tacked  ship.     Light   breezes.     Cloudy    weather.     The 
boats  left  the  «clio(mer.     Lat.  N:  ."itl-d:    Long.  W:  ItlS   17. 
50     P.M.    Light  breezes  and  cloudy  weather.    Tacked  Ship. 
The  boats  returned  with  42  seals. 

July  s.  ISHC. 
Light  breezes  and  cloudy  weather.     The  boats  left  the 
vessel.     Tacked  ship. 
Lat.  55-44;  Long.  1(58-45.     Sun's  Alt:  5(')-31. 
P.  M.    Calm  and  clear.     At  3  o'clock  Obs.  Long.  168-5. 
The  boats  returned  with  47  seals. 
July  ft,  1886. 
Calm  and  cloudy.      Fresh  breezes.      Strong   breezes. 
60  Lat.  N:  56-57;  Long.  W:  168-43. 

P.  M.    Strong  breezes  and  rain.    Tacked  ship. 

July  10,  1886. 
Fresh  breezes  and  rain.    Tacked  ship.     Lat.  N:  55-43; 
Long.  W:  160-10.    The  wind  calming  down. 
P.  M.    At  1,  the  boats  left  the  vessel.    Fresh  breezes 


(Exhibit  No.  47). 

and  heavy  sea  for  boats.    The  current  must  set  strons:  to 
the  eastward.    The  boats  returned  with  1  seal.    Tacked 
ship.    Obs.  Long.  I<t8-(t.    Tacked  ship. 
July  11,  1«8«. 
Light  breezes  and  foggy.    Tacked  ship. 
The  boats  left  the  vessel.     Tacked  ship.     Lat.  55-57; 
Long.  10»-1. 
ID     P.  M.     Very  light  breezes  and  foggy. 

At  8,  Ubs.  Long.   108-7.    The  boats  returned  with  12 
seals. 

July  12,  1880. 
Light  breezeR  and  clearing  up.    The  boats  left  the  vessel. 
Lat.  N:  50-11;  Long.  W:  mi»-l>.    Sun's  Alt:  55-44. 
P.  M.     Light  breezes  and  cloudy  weather. 
The  boats  returned  with  10  seals. 
July  13,  IHOO. 
Light  breezes  and  foggy.  Lat.  N :  55  30;  Long.  W:  170-8. 
2o     The  boats  left  the  vessel. 

P.  M.    Clearing  up.    The  boats  returned  with  34  seals. 

July  14.  1880, 
Light  breezes  and  rain  thick.    Clearing  little. 
The  boats  left  the  vessel.     Thick  fog  and  light  breezes. 
Lat.  55-21;  Long.  170-45. 
P.  M.     Light  breezes  and  thick  fog. 
All  sails  down.     Firing  and  illumir.    ion  for  the  boats 
as  have  not  arrived. 

July  15,  1880. 
30     The  boats  returned  with  7  seals.    Clearing  up  little. 
Light  breezes  and  foggy.     Lat.  65-20;  Long.  170-49. 
Clearing.     Sun's  Alt:  55-20. 
P.  M.     Fresh  breezes  and  fog.    Tacked  ship. 
Mainsail  and  Jib  fast.    Strong  breezes  and  rain  thick. 

July  10,  188«!. 
Light  breezes  and  thick  weather. 
Tacked  ship.     Ail  sails  set.     The  boats  lowered. 
Lat.  N:  50-5;  Long  W;  170-57.     Obs.  I^at.  at  11.32,  56-3. 
P.  M.     Light  braezes  and  fog.     Boats  returned  with  8 
40  seals. 

July  17,  1880. 
Fresh  breezes  and  foggy.     Sun's  Alt:  54-40. 
Lat.  50-23;  Long.  171-0. 

P.M.  The  boats  left  the  Schooner.  Light  breezes  and 
clearing  weather.  At  4  P.  M.,  Obs:  Long.  109-25 -and 
by  bearing  from  St.  George  Island,  the  Chronometer  found 
to  be  corrected.  (St.  George  Island  in  N.  N.W.  WestPt.) 
The  boats  returned  with  no  seals  at  all. 
July  18,  1880. 
50     (The  current  set  strong  to  the  S.  W.) 

The  boats  left  the  vessel.     Light  breezes  and  cloudy. 
Obs.  Lat.  50-7;  I^ng.  10!>-58.     Sun's  Alt:  54-37. 
P.  M.     The  boats  returned  with  9  seals.    Fresh  breezes 
&  cloudy. 

July  19,  1886. 

(Put  her  for  Port  Tack).  Strong  breezes  and  rain  thick. 

Flying  Jib  fast.     At  2  o'clock  the  Fore  Stay  carried 

away.     Put  her  under  single  reef  Foresail,  and  f^ot  the 

Stay  set  up  as  soon  as  possible.     Heavy  Sea  coming  up 

6oand  the  Glass  fulling.     Lat.  50-14;  Long.  168-41. 

July  20,  1880. 
The  wind  dying  out.    A  Schooner  in  sight  W.  N.  W. 
The  boats  left  the  vessel.    Calm  and  thick  weather. 
Lat.  56-81 ;  Long.  169-5. 


ii<  mj 


(Exhibit  No.  47). 

I*.  M.     At  1  o'clock  cloaring  up  ami  by  lH>ai'ingH  from 
St.  George  iHlaiuI,  Lat.  M-'.M;  Long.  H',!»-o. 
Fresh  breezes  and  cloudy  \\«»ather. 

./«/// 21.  lAXH 
Light  breezes  and  clearing  weatiuT. 
Schooner  "Onward"  in  sight.     Calm.    The  boats  left 
the  vessel.     Lat.  Mt-ii;  Long.  DtK  «>. 
I"     P.M.      In    company  with    Schooner   "Onward''  (3U0 
seals.) 

Very  light  air  and  clear  weather.     The  boats  returned 
with  ISi  seals. 

Jf'Iff  '2'2.  issc. 
Light  bi-eezes  and  clear  weather.  The  boats  left  the  ves- 
sel.    Lat.  N:  r.5-4«l;  Long.  W:  U\s  v.*.     Sun's  Alt:  54-14. 
I*.  M.     Very  light  air.  clear  weather.     The  Iwats  re- 
turned with  M  seals. 

Jiilif  i:i.  iHSt;. 
-o     Light  air.    Cloudy,     (ija.ss  falling. 

The  boats  left  the  vef^sel.     Fresh  bieezes  and  rain. 

(A  Schooner  in  sight.  S  S.  E.)    Lat.  'M-.Vi;  L»ng.  l«s-25. 

P.  M.     The  boats  returned  with  I  .seal. 

Fresh  breezes  with  rain  and  fog.     2  Schooners  in  sight. 

Jiilif24,  ismi. 
Light  breezes  and  thick  weather.     A  Schooner  in  sight 
in  North.     Lat.  N:  ."iS-ftO;  Long.  W:  KW-4. 
Clearing  up.    Sun's  Alt:  .'>:V  .5fi. 

P.  M.     A  Schooner  in  sight  in  West.     The  boats  left 
■^°the  vessel.     Light  breezes  and  cloudy. 
(The  boats  returnetl  with  1  hair  seal.) 

July  '2n,  lH8ti. 
Light  air  with  rain  thick.  I^at.  N :  :>:t-'M<;  Long.  W  :lfi8-3l>. 
P.  M.     Strong  breezes,  rain  and  heavy  Sea.     A  Steam 
Boat  in  sight  alxiut  West. 

J«///2«»,    INMU. 

Strong  breezes  w>tli  rain  and  fog. 
Lat.  N:  r).5-2(»;  L»  'g.  W:  l«!s-:v.t.     Sun's  Alt:  •>3-47. 
40     Clearing  up. 

P.  M.    The  boats  left  the  vessel.    The  boats  returned 
with  5  seals.     Fi-esh  breezes,  fog  and  rain. 
Jttltj  27,  ls8t). 
Fresh  breezes  and  cloudv. 

Lat.  54-5J>;  Long.    Itts  -js.     Obs.  Long.  108 -;10  (Turned 
round). 
Obs:  Lat.  at  11. 4o,  .'i.'i-lo. 

P.  M.    Fresh  breezes  and  thick  weather.   Turned  round. 
July  2S.  18S(i. 
5°     Fresh  breezes  and  cloudy.     Spoke  Schooner  "  Carolena  " 
(401  seal).     Lat.  55-22;  Long.  K'.s-l. 

P.  M.     The  boats  left  the  vessel.     Light   breezes  and 
cloudy  weather.    The  boats  returned  with  2  seal. 
In  company  with  Schooner  "Carolena." 

July '29,  IH.SC). 
Calm  and  cloudy.     At  h  o'clock  the  boats  left  the  vessel. 
Lat.  .55-14;  Long,  1«8-17.     Sun's  Alt:  n-2-M. 
P.  M.     At  7,  the  boats  returned  with  .54  seals. 
^      In   company  with  Schooner  "Carolena,"   she  got    78 
seals  to-day. 

July  30,  18,sfi. 
Calm  and  cloudy.     The  boats  left  the  vessel  at  7  o'clock. 
Obs:  Lat.  N:  55-30;  Long.  W:  I«s-17.     Sun's  Alt:  55-34. 
P.  M.    The  boats  returned  with  31  seals. 


!    Ill 


MM 


|i 


10 


20 


30 


OS 


(Kxliihit  No.  47). 

./((///  ;U.  ISH!. 

Light  nir  and  rloiidy.     Tiickud  ship. 

Lat.  :i:»-S'»;  Long,  lils  >.     Tiie  boatHleft  tlie  veHsel. 

At  ll.lft.  (Mw:  Lat.  :>:.  :H«. 

P.  M.  Light  air,  hay.y  wt-alher,  The  UiatH  returned 
with  .'!  seals. 

AiKjiist  I,  lss«;. 

The  boats  h'ftthn  vessel.     I^at;  .'•'>  :»>.     Long:  l«ls-20. 

In  company  with  a  schooner  supposed  (found)  to  Ih)  the 
"  Dolphin"  (•' Caroh'im").     Calm  and  flear. 

The  boats  iftiirncd  with  M  seals.  At  t;  I'.  M.. the  Cut- 
ter "Corwin  "  placed  an  <  ►tticer  on  board  and  took  arms 
and  ammunition,  took  ns  in  tow.     Ordered  the  flag  down. 

At  8  stopped  and  took  the  schooner  "  Carolona"  in  tow. 

Moderate  brei'zes.  cloudy  weather. 

At  t>  took  the  Schooner  "  Onward"  in  tow. 

Obs:  I^it:  'A-'.MK     Long.  If.T-Ks. 

P.  M.     Thick  fog. 

At  4.4r>  made  land  in  sight,  liauled  to  the  N.  E.-warth 
(n.  eastward). 

At  H.40  brought  ns  toanchor  in  II  Fthnis.  water,  inside 
of  P  Saniganoudo  (on  Omialaskai  (called  Port  Tlioluk), 

Put  a  Watchman  on  board  from  the  Cutter— took  cargo 
of  all  the  boats— (brought  all  the  boats  in  shore  from  the 
Schooner).  (Likewise  with  Schooners  "Carolena"  and 
"Onward). 


AiujHsf  :<,  is'.Mi. 
To  anchor  in  Port  Tlioluk.  C'lo.jdy  weather  and  light  air.- 
At  (t  .\.  M.  an  Ofticer  from  the  Cutter  came  on  board 
and  took  the  Ship's  Papers.   Lat:  .">:{.. "i^  N.  Long:  l«Ut.32  W. 
P.  M.  One  Watchman  on  board  from  the  Cutter. 

Aiii/iisi  4,  1SM">. 
Fi-esh  breezes  and  fog. 

An  Otticer  from  the  Cutter  returned  one   boat  -gave 
four  of  the  crew  liberty,  at  the  time,  to  go  ashore  from  H 
40  A.  M.  to  ♦•  P.  M.  each  day. 

P.  M.     Steamer  "  Dora  "  from  San  Francisco  arrived  in 
Port.     Lat:  r>:\-y2.     Long:  n;t;-:{i'. 
August  .•>,  ]ss(i. 
Fine  weather.     Still  lying  in  Tlioluk  Harbor. 
One  Watchman  on  board  from  Cutter. 
P.  M.     Steamer  "  St.  l^aul  "  airived  in  Port. 

Ainjiisl  ti,  l,s,s«!. 
Fine  weather.     Still  located  in  Poit  Tlioluk. 
AmjHst  7.  issc.  Cont'd. 
50     Original  of  protest  entered  to  the  Senior  Officer  on  board 
the  U.  S.  Revenue  Cutter  "'  Corwin." 

I,  H.  Guttormsen,  Master  of  Br.  Schooner  "  Thornton,'' 
do  hereby  declare  that  I  do  not  know  wherein  I  have 
violated  the  Jjiiws  of  the  U.  S.  or  other  nations,  in 
taking  seals  beyond  the  usual  limit  of  three  (B)  marine 
leagues  from  shore  within  Behring  Sea,  and  I  therefore 
enter  this  my  solemn  protest  against  the  action  of  the 
U.  S.  Authorities  in  seizing  the  vessel  under  my  com- 
mand, together  with  the  Sealskins  composing  the  cargo. 
60  H.  UUTTOIiMSEN, 

Master  of  Br.  Schr.  "Thornton." 

Duplicate  of  this  is  in  with  and  signed  by 

Daniel  Monroe,  Master  of  Br.  Schooner  "  Onward." 
Dr.  to  Schr.  "  Thornton." 


(Exhibit  No.  47). 

Credit  to  the  Civw  of  Schr.  'Thornton,"  August 
1hS«i.     (Sent  an  |>riN<»ners  to  San  Fninrisro.  t 


rtii, 


Neil  MoriHon, 

Hunter 

^i«t!l  00 

(iL'or)<o  W.  JohnHon, 

1 1 

|o4  00 

Fied  Wilber, 

It 

'.•r.  '2r> 

Jack  Doughis. 

Hoat(MilU*i'.. 

t;4  oo 

John  Douggan, 

4*                        li 

41  oo 

10, John  DallasH, 

It                         t  t 

'27  00 

Win.  Cleveland, 

II                        t  • 

4ri  TiO 

Sam  LawleSH, 

II                         II 

14  ::. 

Tly  Fung, 

Cook 

!»1   W 

Including 

George  W,  Cleveland. 

Hunter 

14*1  •.>:>       hiH  hill 
froniSch. 
"Anna  Beck.' 

30 


Aiujust  s,   |ss(j. 
Fine  weather  and  light  hreezes.  — Ikying  in  Port  Tlioluk. 
Nothing  remarkable  done. 
One  Watchman  on  board  from  Cutter. 

Amjiist  !t.  iSHi. 
Fine  weather. 
Crew  from  the  Cutter  came  on  board  and  dried  the  sails. 

Aiujust  10.  issCi. 
An  Officer  from  the  Cutter  came  on  board  and  took  some 
provisions,  as  follows  :  On  the  Inventory  List 
P.  M. 

Awjust  II,  lsh«;. 
30     An  Otticer  from  the  Cutter  came  on  board  and  took  the 
•2   Indians,  Antony  and  Tuquat,   and  sent  to  Sitka    in 
Schooner  "San  Diego,"  together  with  the  crew  of  "San 
Diego"  and  the  crew  from  Schr.  "  Onward." 

Taken  oueof  theSchr.  "Thornton's"  boats  and  brought 
on  board  in  Schr.   "San  Diego." 
(  "San  Diego"  left  for  Sitka  at  1»  A.  M.) 
P.  M.     One  Watchman  on  itoard. 

Aiujiist  12,   lss(i. 
U.  S.  Authority  (Stripped  Schr.  "Carolena.") 
Order  to  get  our  grub  on  board  the  Culler 

Amimt  i:{,   issc. 
Stripped   the  Schr.    "Thornton,"  and  left   without  a 
Watchman  on  board. 

AiujuhI  14,  issti. 
In  Ounalaska,  stripped  and  no  Watchman  onboard. 
H.  Guttormsen  and  Harry  Norman  on   board  the   "Cor- 
win." 

(Hans  Guttormsen  and  Harry  Norman.) 
August  15.     On  board  the  "  Corvvin."... 


40 


50 


16. 
17. 

IS. 

!!♦. 
20. 
21. 
22. 

2ri! 

24. 


"  Corwin  "  left  Ounalaska . . 
"Corwin"iuBillcotrskiand  I 

Nicolopski I  No  permission 

Called  at  Unga j    to  go  in  shore. 

At  Sea 

Called    at    Codiak 

At  Sea 


'5o      "       24.     At  5  P.  M.  arrived  at  Sitka.. 

AiKjii.sl  25,  1HS«. 
Taken  in  shore  and  brought  up  before  the  Court,  under 
complaint  to  have  violated  the  Laws  of  U.  S.,  in  sealing 
fur  seals  within  the  linutsof  Alaska  Territory. 

P.  M.  Made  agreement  with  Mr.  W.  Clark,  Attorney  and 
Counselor  at  Law  and   Notary   Public  in  Sitka,   Alaska 


•t 


ion 


1'' 


M 


(Exhibit  No.  47). 

Tr.,  to  net  nn  Cuiiiiwilor  in  my  cjim>,   for  the  sum  of 
(|5f>0.(Ni)  DollnrD,  and  to-day  given  an  Ordor  on  the  Amer 
ican  ('apt.,  J.  D.  Wnn-en,  for  |ft()0.(i^i. 
AuaiiHl  •Jtl.  I»<H«». 
Before  the  Court.     My  Attorney,  Mr.  Clark,  demanded 
a  Jury  and  to  have  trial  on  Monday,  21(  of  August. 
Amimt  L'7,  IMH^t. 
ID     Under  |r>)H).iHi  hond  on  our 

Ah  I  could  not  give  th«'  hond,  got  them  put  under  the 
U.  S.  Mai-biial's  res|H)nsi)  ility. 

(JanieH  Ogilvie  got  lost.) 
AugUHt  2s,  \ss\\. 


30 


Before  U.  S.  District  Court. 

Jury  trial. 

Verdict1)rought  hefore  the  Judge  as  fol 

Iowh:  (luiltv.  — H.  (SiittorniHen,  fine  of 

♦.Vmi  no  and  given  no  days  imprison- 

nuMit. 
Harry   Norman,  fine  ifctoo.uo,  and  given 

:to  days  iniprisonment. 


Septemher    1,   l^sso,     H.  Outtormsen  &  Harry  Norman 

in  jail. 
L>,      "        Sent  letter  to  Capt.  J.  D.  Warren. 
H.     "        In  jail,  7.80  a.  m.  Breakfast;  4.:{0 

i".  M.  Dinner. 


.^o 


40 


50 


f>o 


(» 

4, 

»  t 

<1 

5, 

•' 

1 1 

♦!. 

II 

l< 

1  , 

ii 

1 1 

»i 

1 1 

It', 

*  t 

(4 

11. 

ii 

II 

12. 
1«. 

ii 
it 

1  1 

14. 

»* 

l» 

l.''. 

ii 

II 

■  '   1 

in, 

II 

t  1 

17. 

«i 

Septembei 

IS 

issn, 

(1 

1!>. 

lSS«i. 

f  1 

20, 

il 

ii 

21. 

1  i 

II 

22. 

II 

i( 

i'V, 

li 

it 

24. 

ii 

II 

2.5. 

ii 

II 

2«, 

il 

II 

27, 

II 

<i 

2S, 

il 

1 1 

29, 

il 

II 

30, 

Ii 

11 

HI. 

il 

October 

1. 

188(!, 

II 

2, 

*l 

II 

\ 

.     ii 

II 

4. 

11 

•  1 

.'>, 

II 

11 

!!' 

li 

II 

1 , 

»i 

11 

H. 

li 

II 

!♦. 

il 

II 

10, 

i  * 

In  jail. 


Left  Sitka  in  the  "Idaho." 
On  the  way  to  Victoria. 


Arrived  in  Victoria  alive. 


m 

(Exhibit  No.  48.) 
EXHIBIT  No.  48  (0.  B.),  CLAIM  No.  8. 

TRANSCRIPT  OF  REGISTER   FOR  TRANSMISSION  TO 
CHIEF  REGISTRAR  OF  SHIPPING. 


OfflcUl  Number  of  8hl|>. 
lO  MU» 


Nam*  of  Shiii. 
'•Thornton.'' 


No.  l)«t«  anil  I'nrt  nf  RvKWtry. 
3/1871  Vioturlt. 


Nu.,  Hate  anil  Port  of  Prevlnu*  Reglttry  (If  any). 
No.  |(i2.    89th  July,  IS-tl.     Victoria,  V,  I. 


Whether  Britlah  or 
Foreign  built. 


20         ron\gn. 


Whether  a  Millnn  or 
Hteani   Ship;   anil 
ir  a  8team   Hhip, 
how  propelletl. 
!<KillnK. 


Where  built. 


Dunsenei 
W.T. 


When  bulll.    ,  NHniviiinlaiiilretii 
i        of  liUlllhTl. 


# 


In  I8«l. 


I'liliniiwn. 


Number  of  Deoka One. 

"  Mail*. One. 

RIggeil Sloop. 

Stern Square. 

Build Carvel. 

Oalleri'i None. 

Jlf'     Scroll. 

Framework Wood. 


30 


Length  from  fore  part  of  atem,  undi  r  ilii' 
bowaprit,  to  the  aft  lide  of  thi.  head  of 
the  Item  poot 

Main  breadtn  to  outeide  t'   ' '  iik 

Depth  in  hold  from  tonnagu  deck  to  rull- 
iuK  at  roidahipa 

Depth  in  hold  from  upper  duck  tu  li  iMng 
at  midships,  in  the  case  of  I'.'  .a  ilecks 
and  upwards 

Length  of  e  ,{ina  room,  if  any 


Kcet,     Tviilhii. 


Particulars  of  Tonnage. 


Gross  Tonnage. 

Under  Tonnage  Deck 

Closed  in  spaces  above  the  Ton-! 

nage  Deck,  if  any 

^Q  Space  or  spaces  between  decks 

^    Poop  

Forecastle 

Round  House 

Oilier  cinsed.in  spaces,  if  any,  M 
follows : 


Oroaa  Tonnage 

Deductions,  aa  per  Contra. 

Registered  Tonnage 


Deductions  allowed.  No.  of  Tons. 

On  account  of  space  required  fur 

propelling  power 

On  account  of  apacaa  occupied  l)y 

Seamen   or    Apprentices,   nnil 

appropriated  to  their  use,  iiiiil 

kept  free  from  goods  or  stores 

of  every  kind,  not  lieiiig  tin- 

|iersonal  property  oi  the  crew 
These  spaces  are  the  following. 

vix.: — 


Total  deductions. 


50 


Name  of  Master, 


George  Brown  of  Victoria. 


Names,  Residence  and  Description  of  the  | 
Owners,  and  Number  of  Sixty-fourth  > 
Shares  held  by  each :  ) 

Jahks  Dovolas  Wa»iii, 

of  Viotoria,  Trader. 

Sixty-fonr  ((14)  Shares. 


60 


Dated  at  Victoria,  the  14th  day  of  June,  1871. 

Registrar    W.  HAMLEY. 


(Exhibit  No-  48.) 

Copy  Transactions  Subsequent  to  Registry  for  Transmission  to  Reois- 
trar-Genep.  .\  L  of  Shipping  and  Seamen. 


Name  of  Per- 

Number  of 

Date  of  Registry. 

Nature  and  Date  of 

Name  of  Transferee, 

Number  ufTrans 

8  on      from 

shares    af- 

Transaction. 

Murtagee,  or  other 

act  ions. 

whom  Title  is 

fected. 

Person     acquiring 

10 

derived. 

Title  or  Power. 

1 

James  Douglas 

A4 

December 

lit.    Mortgage  dated  1st 

.(oseph  BoBcowitz  of 

Warren. 

1888,      a( 

12      December,       188S, 

Hrighton,    Suiaaz, 

noon. 

for  the  sum  of  >4,- 
Ono   with    interest 
(ai  1%  per   annum. 

England.  Gentle- 
man. 

2 

.Inmes  Douglas 

M  II  r  1'  h 

Uth, 

liill    of    Sale   dated 

Henrv   John  Hart- 

Warren, 

IH 

1S8I,     ((tJ 
P.M. 

1:45 

March  10th,  1884. 

nell  of  Victoria, 
B.C.    Trader. 

20 

3 

Henry  Jolin 

64 

Fehrunrv 

.-ith,    Hill  of    Sale    dated 

James     Douglas 

Hartnnll. 

I88(>,  @ 

A.  U. 

11:15 

February  4th,  1886, 

Warren,  of  Vic- 
toria, n.  C.  Mer- 
chant. 

1 

Jumes  Douglas 

64 

December 

lit, 

Mortgage   A,  dated 
December  1st,  1888, 

Joseph  Boscowitz  of 

Warren. 

1883,      @ 

12 

Brighton,    Sussex, 

(Tills      transac- 

noon. 

for  the  sum  of  $4,- 

England.     Gentle- 

tion fiillows  tilt- 

000  (Four  thousand 

man. 

new      Ui'ijislrv 

dollars)     with     in- 

3°   ofOi'c.  l.-),  IS8,5, 

terest  @    7?^    per 

upon  the   lulili' 

annum. 

tiiin    of    nuxil- 

i  a  r  V     9 1  e  a  in 

ipower    printed 
lielow.) 

40 


Tkanscript   of    Register   for  Transportation  to   Chief   Registrar   of 

Shipping. 


(The  description  of  the  vessel  i.s  the  same  as  given  in  the  Transcript  of 
Hogistiy  i>rintod  above,  excejtt  tliat  under  the  heading  "  Whether  a  Sailing  or 
Steam  Sliip,  etc.,''  the  description  is  "Steam  Screw"  instead  of  "  Saihug," 
and  the  leiif^tli  of  engine  room  is  given  as  7  ft.  5  in.  By  consent  of  counsel 
this  jtortioii  <»f  the  transcript  is  omitted  and  onlj'  the  following  portion  printed.) 


SO 


.No.  of  En 
gines. 


I 


One. 


6o 


Particulars  of  Engines  (if  any). 


I 


Dt'.scripli'iii. 


Iliifh  Pips- 
cure  Con- 
densing. 


W  h  e  t  h  e  r 
British  or 
For  eign 
made. 


When 
made. 


British. 


:880 


Name     ami     ad-     Diain.     of 


dress  uf  makers. 


Thomas  Gnwan, 
Victoria,  B.  C. 


Cylinders. 


Length     of 
stroke. 


No.  <.f  Iloraei' 
powr  (com- 
bined). 


«iin. 


12  in. 


i.ai 


1U3 

Exhibits  No.  49  G.  B.  and  No.  6  U.  8.) 
Particulars  of  Tonnage. 


Iff; 


OroM  tonnage. 

Under  Tonnage  Deck  

Closed-in  apaces  above  the  tonnage  deck 

if  any 

Space  or  apacea  betweon  decks 

lO^ooP     •• 

Forecaatle 

Ronnd  Houae 

Other  clnsed-in  spaces,  if  any,  as  follows 

Cabin  cover 

Orosa  tonnage 

Deductions  as  per  Contra 

Registered  tonnage 


No.  of  Tone. 
29.67 


8.22 


32.78 
10. 4H 


22.30 


Deductions  allowed. 

On  account  of  space  required  (or  propel- 
ling power 

On  account  of  space  occupied  by  Seaman 
or  Apprentices,  and  appropriated  to 
their  use,  and  kept  free  from  goods  or 
stores  of  every  kind,  not  being  the  per 
sonal  projMirty  of  the  crew 

These  spaces  are  the  following,  viz. : 

Total  deductions 


No.  of  Tons. 
10.49 


10.49 


Names,  Residence,  and  Description  of  the  Owners,  and  Number    Registered  anew  in  consequence  of  alteration 
20  of  .Sixty-fourth  Shares  held  by  each  :  ,      in  the  vessel  from  sailing  to  Steamer,  under 

Jahes  Douglas  Warren,  the  84  and  85  M.  S.  A.  18S4. 

of  Victoria,  B.  C, 
Merchant 
Sixty-four  Shares. 


Dated  15  December,  1885. 


Registrar  W.  HAMLEY. 


30 


EXHIBIT  No-  49  (0.  B.).  CLAIM  No.  2. 

Certificate  of  Survey.  Schooner  "Thornton,"  dated 
October  22,  1885,  signed  W.  Walker,  Surveyor. 

By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


40 


United  States  Exhibit. 

EXHIBIT  No.  6  (U.  S.),  CLAIM  No.  2. 

Copy  of  Axreenieut  dated  February ,  ]SS(5,  between 

John  Griffiths  and  Joseph  Boscowitz,  previously  marked 
No.  li>  for  Identification  and  printed  at  pagj  liiST  cf  the 
Record.  By  order  of  the  Commi.ssiouers,  on  consent  of 
counsel,  this  exhibit  is  not  printed  again. 


104 

(Exhibit  No.  50). 
Claim  No.  8  "  Onward  "— (Continued). 

EXHIBIT  No.  60  (Q.  B.),  CLAIM  No.  a 

'IRANSCRIPT  OF  REGISTER  FOR  TRANSMISSION  TO  CHIEF  REGISTRAR  OP  SHIPPING. 


10 


Official  Number  of  Shi|i. 
72681. 


Nmuu  of  Shi|). 
"  Onward." 


No.,  Date  and  Port  of  Restttrr. 
No.  7.     1878.    Victoria,  B.  0. 


Wliathcr   Britiah   or 
Foreign  built. 


Whether  a  Sailing  or 
Steam  Ship;  and  if  a 
Steam  Ship,  how  pro- 
pellrd. 


Whero  Built. 


When  Built. 


Name  and  Addra 
Buildera. 


I  of 


Foreign. 


20 


Sailing. 


California  City, 

California, 

United  Statea. 


1871. 


Unlioowo. 


I 


Number  of  Dcclia One. 

Number  of  Mabts Two. 

Rigged Schooner. 

Stern Elleptic. 

Build Carvil. 

Galleries None. 

Bead  Billet. 

Framework Wood. 


Length  from  fore  part  of  atem,  under  the  bowaprit, 
to  the  aft  aide  of  the  head  of  the  atern  post .... 

Main  breadth  to  outside  of  plank 

Depth  in  hold  from  tonnage  deck  to  ceiling  at 
inidahipa 

Depth  in  hold  from  upper  deck  to  ceiling  at  mid 
ahipa,  in  the  case  of  three  decka  and  upwarda. . 

Length  of  engine  room,  if  any 


Feet.    Tantha. 


66 
20 


30 


Particulars  of  Tonnage. 


40 


G  rosa  Tonnage. 

Under  Tonnage  Deck 

Clo8c<l  in  apacea  above  the  Tonnage  Deck 

if  any 

Space  or  apacea  between  decks 

Poop , 

Forecaatle 

Round  House  

Other  cloaedin  Kpacea.  if  any,  as  follows: 


Groaa  Tonnage 

Deductions  as  per  Contra. 


itegiatered  Tonnage. 


Deductions  allowed. 

On  account  of  space  required  for  propel 
ling  power , 

On  account  of  spaces  occupied  by  Seamen 
or  Apprentices,  and  appropriated  to 
their  use,  and  kept  free  from  goods  or 
stores  of  every  kind,  not  being  the 
personal  property  of  the  crew. .... 

These  B|iaces  are  the  following,  viz. : 

Total  deductions 


No.  of  Toni. 


Name  of  Master, 
Hugh  Mackay,  of  Victoria. 


50 


Certificate 
of 


"1  Service 


Com|)e- 
toncy. 


No. 
No, 


1  Provincial  Certificate 
I  from  British  Council 
)■  at  San  Francisco, 
I  dated  9th  August, 
I      1878. 


Names.  Kesiduncv.  and  Description  of  the  | 
Owners,  and  Number  of  Sixty-fourth  > 
Sharca  held  by  I'ach  :  ) 

ill  nil  Mackav,  of  Victoria,  British 
Columbia,  Mariner, 
Sixty-four  (64)  Shares. 


Dated,  Victoria,  B.  C,  September  27th,  1878. 


te 


Registrar    W.  HAMLEY. 


I  Of) 


(Exhibits  Nos.  50  and  51.) 

Copv  Tkansactions  Subsequent  to  Registry,  for  Transmission  to  Regis- 

trar-Oeneral  of  Shipping  and  Seamen. 


Offlciiil  1 
Number  }  72681 
of  Ship.  ) 

Port  of  Victoria.  B.  C. 
Name  of  Ship  "  Onwaril," 

No.  and  Date 

of 

Reginry. 

No.  7 

of 

1878. 

10     Number  <if 
TranMctiunr. 

Name  of   |H>raon 
from  whom  Title 
is  derived. 

Number 
of  Shares 
affected. 

Date  of  Registry. 

Nature  an<l  date  of 
transaction. 

Name  of  Transferee. 
Mortgagee  or  other 
I'eraon  acquiring 
Title  or  Power. 

1 

30 

Hugh  Hacksy. 

64 

December       ntli. 
1882,  12  noon. 

Dies  .luno  14th, 
1882.  Will  dated 
July  nth,  187», 
Appoiniini;  Ho- 
bcrt  I'aterson 
Rithi't  Kxccutor, 
Will  proved  19lh 
June.  1882.  in  the 
Court  i)f  I'robate, 
Victoria,  B.  C. 

Bobert  Paterson 
Rithct  of  Victoria, 
B.  C,  Merchant. 

8 

Robert   I'aterson 
Rilliet. 

64 

June   22nd.    1888, 
111:1.')  ^.  II. 

Kill  of  Sale  dated 
November    25th,^ 
1882. 

William  Spring  of 
Victoria,  B.  C, 
Master  Mariner. 

< 

30 

40 

William  Spring. 

64 

January  4th.  1887. 
3  r.  H. 

William  Spring 
died  on  the  2Sth 
day  of  March, 
1884.  Will  dated 
December  iSlst, 
I860.  Appoint- 
ing William 
Tlioniasi  Livoeh, 
James  Hill  Law- 
sun  and  Charles 
Spring  his  Ex- 
eontors.  Will 
proved  and  Pro- 
bale  granted  by 
Supreme  Court  of 
llrilisli  Columbia 
on  the  1st  day  of 
April,  1884. 

William  Thomas 
Livoeh.  James  Hill 
Lawson,  Charles 
Spring,  Joint 
Owners,  all  of  the 
City  of  Victoria, 
B.  C. 

William  Thomas 
Livoeh,  James 
Hill  Lawson, 
CharK  »  Spring, 
Joint  Owners. 


William  Tliouius 
Livoeh,  James 
Hill  Lawsim, 
Charles  Spring, 
Joint  Owners. 


I 


I 


;  January  4lli,  1887 
j  ;t:IOi-.  M. 


•.\-> 


Januai'v4ili.  1887. 
:t:i5  p.  M. 


Bill  of  hale  dated 
the  :<rd  of  Janu- 
ary, 1887. 


Bill  of  Sale  dated 
the  !fid  January, 

1887. 


Daniel  McLean  tf 
Victoria,  B.  C, 
Mariner. 


('harlos  Spring  of 
Victoria,  B.  C, 
Trader. 


Claim  No.  2  "  Thornton  "—(Continued). 

EXHIBIT  No.  61  (&.  B.),  CLAIM  No.  2. 

Surveyor's  Report  on  "  Thointon,''  d;ite<l  November  14, 
18H8,  and  signed  H.  (S.  Ijcwis,  MR"ine  Surveyor.  By 
order  of  the  Commissionerd,  on  consHi.t  of  counsel,  this 
exhibit  is  not  printed. 


106 

(Exhibit  No.  52.) 

Claim  No.  6.— "  W.  P.  Say  ward." 


EXHIBIT  No.  62  (Q.  B.).  CLAIM  No.  6. 

lOTRANSCRIPT  OF  REGISTER  FOR  TRANSMISSION  TO  CHIEF 
REGISTRAR  OF  SHIPPING. 


Ml 


Official  Number  of  Ship. 
83446 


Name  of  Sliip. 
"  W.  V.  Sayward." 


No.  Dale  and  Port  of  Registry. 
No.  4-1882.  Victoria. 


Wliether  Britiali  or 
Foreign  built. 


20 


Wlietlior  H  sailing  or 
Steam  Sliip ;  and 
if  a  Steam  Ship. 
Iiow  ])ropelled. 


Where  built.     When  built. 


Name  and  address 
of  builders. 


British. 


Sailing. 


Victoria,  B.  C. 


1882. 


Robert  IMag, 
Victoria,  B.  C. 


Number  of  Decks One. 

Number  of  Masts Two. 

Rigged Schooner. 

Stern Square. 

Build Carvel. 

30  Galleries None. 

Head  Straight. 

Framework Stem. 

pine  <b  oak. 


Length  from  forepart  of  stem,  under  the 
bowsprit,  to  the  aft  side  of  the  head 
of  the  stern  post. 

Main  breadth  to  outside  of  plank 

Depth  in  hold  from  tonnage  deck  to 
ceiling  at  midships 

Depth  in  hold  from  upper  deck  to  ceil- 
ing at  midships,  in  the  case  of  three 
decks  and  upwards. ...   

Length  of  engine  room,  if  any 


Feet.  Tenths 


68 
21 


Particulars  of  Tonnage. 


40        Gross  Tonnage. 

Under  Tonnage  Deck 

Closed-in  spaces  above  the  Ton- 

No.  of  Tons, 
ns  36 

4.76 

4.01 

Deductions  Allowed. 
On  account  of  space  required  for 
propelling  power 

No.  of  Tons. 

On  account  of  spaces  occupied 
by    Seamen  or   Apprentices, 
and  appropriated  to  their  use, 
and  kept  free  from  goods  or 
sturesof  every  kind,  not  being 
the  personal  property  of  the 
crew 

The^e  spaces  are  the  following, 
v'z.:  — 

ToUl  Deductions 

Space  or  spaces  between  decks. 

Poop 

Forecastle 

Round  House 

Other  closedin  spaces, if  any, 
as  follows : 

4.83 

Gross  Tonnage 

50  Deductions,  as  per  Contra .... 

64.11 
4.82 

Registered  Tonnage 

69.79 

4.32 

Names,  Residence  and  Description  of  the  1 
Owners,  and   Nuiiilicr  of  Slitty-fourth  >  vii 


Shares  held  l>y-each 


Andrew  Lainu, 
Of  Vietnria,  B.  (".,  Trader. 
Sixty-fdur  («4)  Siinres. 


60 


Dated  March  30th,  1.S82. 


Registrar    W.  HAMLEY. 


107 

( Exhibit  No.  52.) 

Copy  Transactions  Subsequent  to  Registry  for  Transmission  to  Reois- 
trar-Oenbral  or  Shippino  and  Seamen. 


1 

■     i 
■■  ■.  'J 

■    '  '^  i 

1  '     ■'?•■ 

i  '{i 

i 

Number  of 
Tranaaotinna, 

10 

Name  of  Person 
from  wliom  title 
is  derived. 

Number 
of shares 
affected. 

Date  of  Registry. 

Nature  and  dale  of 
transaction. 

Name  of  Tranferee, 
Mortgagee,  or 
other  |)erBon  ac- 
quiring title  or 
power. 

I 

Andrew  Lainit;. 

82 

December  1  St,  1883, 
12  noon. 

Bill  of  Sale  dated 
1  St  Dec,  188S. 

Jas.  Douglns  War- 
ren of  V  ctoria,  B. 
C.  Master  Mar- 
iner. 

2 
20 

Jas.    Douglas 
Warren. 

82 

December  lat,  1883, 
12  noon. 

Mortgage  date<l 
Ist  Dec,  1883, 
for  the  sum  of 
1^3,000  and  inter- 
est at  7%  |>er 
annum. 

Joseph  Boscowitzof 
Brighton,  .Sussex, 
England,  Gentle- 
man. 

S 

Jas.    Douglas 
Warren. 

82 

March  11th,  1884. 
at  1.46  r.  H. 

Bill  of  Sale  dated 
10th  March,1884. 

Henry  John  Hart- 
nell  of  Victoria, 
B.  C.    Trader. 

4         Andrew  Laing. 


30 


82 


October  ISth,  1884, 
at  12.12  p.  H. 


Mortgage  dated  j  Joseph  Boscowitz 
13th  Oct.,  1884,  !  of  II  Lansdowne 
for   the    sum    of  ',     Place,  Hove,  Sus- 


91,400  and  iuter- 
eat  at  10%  per 
annum. 


sex,  England. 


Henry    John 
Hartnell. 


32 


6th  Feb.,  1886,  at 
11.16  A.  H. 


Bill  of  Sale  dated 
4tli  February, 
1886. 


James  Douglas 
Warren  of  Vic- 
toria, U.  C.  Mer- 
chant, 


40 


Joseph  Boscowitz. 


Oct.  16th,  1886, 
12.12  P.  H. 


Bill  of  Sale  dated 
16th  October, 
1886,  under  mort- 
gage A. 


Thos,  Henry  Cooper 
of  San  Francisco. 
U.  S.  A.  Engi- 
neer. 


50 


6o 


7 

Thomas  Henry 
Cooper. 

32 

Oct  16th,  1886, 
12.12  P.  u. 

Mortgage      dated 
10th       October, 
1886,   for  $2,600 
(two       thousand 
five  hunili-ed  dol- 
lars)    with     in- 
terest at  T%  per 
annum. 

Josep  '  Boscowitzof 
Br  ghton,  Sussex, 
England.  Gentle- 
man. 

8 

Andrew  Laing. 

82 

February  6th,  188», 
at  8  p.  M. 

Bill  of  Sale  dated 
February        Mh, 
1(189. 

Jean  Ann  Scott  and 
Isabel  Scott,  joint 
owners,  both  of 
Cedar  Hill,  Vic- 
toria, B.  C.  Spin- 
sters. 

9 

Joseph    Bosco- 
witz. 

32 

February  7th,  1889, 
2.60  p.  M. 

Diacharee  of  Mort- 
gage B  for  $1,400 
and   interest,  re- 
ceipt dated    Feb- 
ruary 7tii,  18811. 

Jean  Ann  Scotland 
Isabel  Scott,  joint 
owners,  both  of 
Cedar  Hill,  Vic- 
toria, U.  C.  Spin- 
sters. 

10 

Thomas     Henry 
Cooper  by  J.  P. 
Warren,  bis  at- 
torney ill  fact. 

82 

February  7th, 1889, 
at  3.06  r.  u. 

Bill  of  Sale  dated 
February       7tli, 
1889. 

George  Byrnes  of 
Victoria,  B.  C. 
Auctioneer. 

I    • 


108 
(Exhibit  No.  52). 


Number    of 
TrHnsactiuni. 


)   ?  if ''I 

1    '"  il'  it 


Name  of  I'ernoii  N  u  ni  b  er 
from  whom  title  ofahnre* 
ia  derived.  I    affected. 


Nature  and  date  of 
Iraansctlona. 


Name  of  Transferee, 
Mortgagee,  or 
other  person  ac 
quiring  title  or 
|iower. 


to 


20 


30 


40 


50 


60 


11 

1 

Josepli   Bosco- 
wltz. 

1 
1 

H'i 

February,  1889, at 
10.30  *.  H. 

Discharge  of  mort- 
gage C  fop  ♦2,600 
and  interest,    re- 
ceipt dated  Feb- 
ruary 8th,  1889. 

George  Byrnes  of 
Victoria,  B.  ('. 
Auclioi.eer, 

12 

• 

.lean    Ann    Scott 
ami  Isabel  Scott, 
joint  owners. 

■M 

February  8th.  188!i, 
at  )0.?,t  A.  M. 

Mortgage      dated 
February       8th. 
1889.     ('or     |I800 
(eight      hundred 
dollars),  with  int. 
at  5%  per  annum. 

Carl  A,  Limdberg 
and  Noel  J.  Biear, 
joint  owners,  both 
of  Vancouver,  B, 
C.     Merchants. 

18 

George  Byrnes. 

n 

February  18th,  1889, 
at  10.40  A.  M. 

Mortgage      dated 
February        7th, 
1889.    for  12,908 
(Two      thousand 
nine  hundred  and 
five  dollars). 

Carl  A.  Luodberg 
and  Noel  J  Biear, 
joint  owners,  both 
of  Vancouver,  B. 
C.    Merchants. 

14 

Carl     A.     Lund- 
berg  and  Noel  J, 
Biear,         joint 
owners. 

82 

April  20th,  1889,  at 
4  p.  H. 

Discharge  of  Mort- 
gage E  for  $2,905. 
Receipt        dated 
April  20,  1889. 

George  Byrnes  of 
Victoria,  B.  C. 
Auctioneer. 

15 

George  Byrnes. 

32 

April   20th,    1889,      Bill  of  Sale  dated 
at  4  p.  H.                April  20th,  1889. 

Carl  A.  Luodberg 
of  Vancouver,  B. 
C.    Merchant. 

•8 

Carl     A.     Lund- 
berg  and    Noel 
J.    Biear,   joint 
owners. 

32 

September  26th, 
1889,  at  1  p.  M. 

Transfer  of  Mort- 
gage    D      dated 
September    21st, 
1889. 

Morris  Moss  of  Vic- 
toria, B.  C.  Mer- 
chant. 

17 

Morris  Moss. 

82 

September  26lh, 
1889,  all  P.  H. 

Discharge  of  Mort- 
gage 1)  for  1800 
4    interest.     Re- 
ceipt dated  Sep- 
tember        28rd, 
1889. 

tiean  Ann  Scott  and 
Isabel  Scott,  joint 
owners. 

18     1  Jean    Ann   Scott 
and  Isabel  Scott, 
joint  owners. 

1 

S2              19th  December, 
1889,  at  3  p.  M. 

Bill  of  Sale  dated 
18th  Dec,  1889. 

Andrew  Ling  of 
Victoria.  B.  C. 
Trader. 

19 

Andrew  Laing. 

32 

.lanuary  lOth,  1890, 
at  2.20  r.  a. 

Mortgage       dated 
.lanuary  7th,  1891, 
for       *  1  ,  2  0  0 
(Twelve  hundred 
dollars),  with  in- 
terest at  8»j;  per 
annuui- 

Human  Bornstein 
of  VictoriB,  B.  C. 
Gentleman. 

SO 

Carl  A.  Lundberg. 

32 

January  7th.  1891, 
nl  ;t  p.  M. 

Carl    A.   Lnndberg 
adjudged  bankrupt 
an<l   Morris    Muss 
appointed  Receiver 
by  Supreme  Court 
ofB.C..30th  Sept., 
1890. 

Morris  Moss,  of  Vic 
toria,  B.  C.  Mer- 
chant. 

109 


(Exhibit  No.  .52.) 


Number  of 

Name   of  Peraon 

N  u  m  b  er 

Date  of  Reglfltry. 

Name  and  date  of 

Name  of  Transferee, 

TranurtloDi. 

from  whom  title 
18  derived. 

of  shares 
affected. 

transaction.         { 

Mortgagee,  or 
other    person    no- 
quiring     title     or 
power, 

il 

Morris  Moss. 

82 

January  7th,  189), 

mil  of  Hale  daUd 

Alexander      Alfred 

lO 

8.15  r.  M. 

Ist  February,  1890. 

Oreen,  of  Victoria, 
B.  C.     Banker 

%i 

Andrew  Lsing, 

82 

February  4th,  1898, 
at  11.30  A.  u. 

mil  of   Sale  dated 
3 Ist  Dec,  1892. 

Frederick  H.   Wor 
lock,   of  Victoria, 
K.  C.     Banker. 

98 

Human  Bornstein. 

H2 

February  16lh,18lt3, 
at  8:10  p.  H. 

DisehariKe  of  ninrt- 
gage  F.  for  111,200. 
and  int.     Itereipt 

Frederick  A.  Wor- 
lock,   of  Victoria, 

B.  C.     Banker. 

20 

dated  IStli  Febru- 

ary, 1893. 

24 

Frederick     A. 

32 

February  IBth,  1 893, 

mil  of  Sale   dated    Donnlil     Urquliart, 

Worlofk. 

at  3.10  P.M. 

18th       February,       of 'Victoria,  B.  C. 
1893.                           Master  Mariner. 

85 

Alexander  Alfred 

82 

February  24 th,l 893, 

Alexander     Alfred 

John  B.  Chantrell,  of 

Oreeo. 

at  3.36  r.  u. 

Green  dies.    Will 
dated  August  2nd, 
1889,   and  ciidicil 

Victoria,  Account- 
ant, and  Frederick 
H.     Worlock,     of 

30 

dated    3rd     Dec, 
1890.    appointing 
John  B.  Chanlrell 
and  Frederick  H. 
Worlock,  of  Vic- 
toria, B.  C.  Execu- 
tors.  Will  proved 
and  probate  grant- 
ed    by   Siipremo 
Court   of    British 

Victoria,  B.  C. 
Banker,  joint  own- 
ers. 

Columbia,  on   the 

7(h  day  of  October, 

40 

1891. 

S6 

John  B.  Chantrcll 

Hi 

February  24th.  1898. 

Bill  of  Sale   dated 

Donald    Urquliart, 

nnd  l-redei'ick  H. 

at  3.»fi  p.  u. 

February      24lh, 

of  VictorU.  B.  C. 

Worlock      joint 

I89H. 

Master  Mariner. 

ownerf. 

27 

Donald  Urqubart. 

H2 

luiie     28lh,     1893, 
at  I  i>.  M. 

Bill  of  SHie  dnted 
24th      February, 

Andrew  Dies  Lning, 
of  Victoria,   U.  C. 

;o 

189.1. 

Gentleman. 

28 


Andrew 
Laing. 


Dies 


32 


June    28th, 
1  p.  u. 


U9S, 


MortgMge  O  ,  (luted 
24tli  February. 
1^93,  for  two 
thousand  five 
hundred  dollars 
(4i2,All0)  nnd  in- 
terest at  10%  per 
annum. 


Donald  Urquhart  of 
Victoria,  B.  C. 
Mauler  Mariner. 


mmmm 


nil 


110 

(Exhibit  No.  52.) 


10 


30 


30 


40 


50 


N '.miliar   of 

Name  of   I'eraon 

N  u  m  bc-r 

Date  of  Regiitry. 

Name   and  date  of 

Name  ofTransferee, 

TrnngHctloni. 

from  whom   title 

of  shares 

transaction. 

Mortgage!!,  or 

ts  derived. 

affected. 

other    person    ac. 
quiring     title      or 
power. 

2» 

Donald       Urqu- 

S2 

October  9th,  1894, 

Donald    Urquhart 

Alexander      Urqu- 

hart. 

10  A.  u. 

dies  on  the  14th 
day  of  Hay,  1894. 
Will  dated   Mth 

hart  of  Comox,  B. 
C.    Farmer. 

AuffUit,        1898, 
andcodicil  dated 

18th   May.  1894, 

appointing  Alex- 

ander  Urquhart, 

executor.       Pro- 

bale  granted  by 
the    Supremo 

Court  of  Briliih 

Columbia  on  the 

9th  day  of  June, 

1894. 

SO 

Donald        Urqu- 

82 

NoT'.iber       9lb, 

Donald   Urquhart 

Alexander      Urqu- 

hart. 

1894,  1  r.  M. 

dies  on  the  14tli 
day  of  May,  1894. 
Will  dated  14th 

hart,  of  Comox,  B. 
C.    Farmer. 

August.        1898, 

and  codicil  dated 

18th  Mar,  1894, 
appointed    Alex- 

ander  Urquhart, 

Executor.      Pro- 

bata granted  by 

Supreme  Court  of 

B.  C,  on  the  9th 

of     June,    1894. 

Transmission    of 

Mortgage  0. 

31 

Alexander      Ur- 

sa 

NoTember       4th, 

Discharge  of  Mort- 

Andrew Dlaa  Laing 

qahart. 

189A,  4  r.  M. 

gage  0.    Receipt 
dated  4th  Novem- 

or Victoria,  B.  C. 

Oentleman. 

ber,  1895. 

82 

Andrew         Dies 

SS 

November       4th, 

Bill  of  Sale  dated 

Samuel       William 

Laing. 

1895,  at  4  p.  M. 

4th      November, 
1895. 

Buckman,  of  Vic- 
toria, B.  C.    Pilot 

ts 

Alexander      TJr- 

82 

November       4th, 

Bill  of  Sale  dated 

Samuel       William 

quhart. 

1896,  at  4  P.M. 

November     4th, 
18W6. 

Buckman,  of  Vic- 
toria, B.  C.    Pilot. 

S4 

Samuel    William 

64 

November      12th, 

Bill  of  Sale  dated 

Joseph  Boscowitz, 
of  Vict<.ria,  B.  C. 

Buckman. 

1895,    at     10.65 

November    llth. 

A.  M. 

1896. 

Merchant. 

Ill 


■(  i    'jT'i 


(Exhibit  No.  .W.) 
Claim  No.  7,  '*Anna  Beok/ 


I.  Is 


■*  : 


10 


EXHIBIT  No.  68  (G.  B.).  CLAIM  No.  7. 

TRANSCRIPT  OP  REGISTER  FOR  TRANSMISSION  TO 
CHIEF  REGISTRAR  OF  SHIPPING. 


OfficUl  Number  of  Ship. 
«4ISB. 


Name  of  Sliip. 
"  Ann*  Back.*' 


No., 


Date  and  Port  of  Regiitry. 
B/1871  Victoria. 


Wliethur  Briliili  or 
Foreign  built. 


20 


Wliether  a  Sailing  or 
steam  sliip ;  and 
if  a  ateam  abip, 
how  pro|ielled. 


Foreign. 


Sailing. 


Where  Built. 


Wlien  Built. 


Name  and  Address 
of  Builders. 


San  Francisco. 


1865. 


Unknown. 


Number  of  Decks One. 

Number  of  Maat* Two. 

Rigged Schooner. 

Stern Eliptie. 

Build Carvel. 

Galleries None. 

-^He*'' E"*'*- 

J"  Framework Wood. 


Length  from  fore  part  of  stem,  under 
the  bowsprit,  to  the  aft  side  of  the 
head  of  the  stern  post 

Main  breadth  to  outside  of  plank 

Depth  in  hold  from  tonnage  deck  to 
ceiling  at  midships 

Depth  in  hold  from  upper  deck  to  ceil- 
ing at  amidships,  In  the  case  of  three 
decks  and  upwards 

Length  of  engine  room,  if  any 


Feet.    Tenths, 


6B 
9> 


Particulars  of  Tonnage. 


Groea  Tonnage. 

Under  Tonnage  Deck 

Closed-in  spaces  above  the  Ton- 

40     nageDeck,  if  any... 

Space  or  spaces  between  decks. 

Poop. 

ForecasUe 

Round  House 

Other  closed-in  spaces,  if  any, 
as  follows : 

Gross  Tonnage 

Deductions,  as  per  Contra. . . . 

Registered  Tonnage 


No.  of  Tons. 
3«  81/100 

S    7/100 


40  88/100 


Deductions  Allowed. 

On  account  of  space  required  for 
propelling  power 

On  account  of  spaces  occupied  by 
S<iamen  or  Apprentiees,  and 
appropriated  to  their  use,  and 
kepi  free  from  goods  or  stores 
of  every  kind,  not  being  the 
personal  pro|ierty  of  the  crew. 

These  spaces  are  the  following, 
vis.: 


Total  Deductions., 


No.  ofToDS. 


Name  of  Master, 


.1.  D.  Warren,  of  Victoria,  B.  C. 


Names,  Residence  and  Description  of  the  | 
Owners,  and   Number    of    Sixty-Four  >  viz.. 
Shares  held  by  each.  ) 

Jahu  Douglas  Warrsh, 
of  Victoria,  Trader  and  Mariner. 
60  (64)  Sixty-four  sliares. 


Dated  at  Victoria,  23rd  day  of  August,  1871. 

Registrar  W.  HAMLEY. 


-..,:.,.      ;.    tja;.  .:4.    .   1 


»9 

(Kxhihit  No.  M.) 
EXHIBIT  No.  63  (Q  B ).  CLAIM  No.  7  (continued) 


ill 


TKANSUHIPT  OF   UEOiSTEK    FOR   THANSMISSION   TO   CHIEF 
KEGISTJiAK  OF  SHIPPING. 


Offiolal) 
NmnbcrVtHlSS 
'O           of  Ship.  ) 

Name  of  Ship  "  Anna  lieck  " 

No.,  Date  and  I'orl  of  Ue({istry. 
l  in  1881      Vieloila,  U.  C. 

Whether  Urit'iHh  or 
Fo-'.isn  Built. 

Whether    n     lallinK     or           Where  built, 
steam  nliip:    and    if  a 
8team    ship    liciw    pro- 
pellc«l. 

When  Unlit 

Name  ami  addresa  of 
Hulldvra. 

Foreign  nt  San  Fran-                 Stc-ainshi|i                     Han  Francisco. 
Cisco  r.  S.  A.                           »y  Screw.                            T.  S.  A. 

I8AA 

Unknown. 

20 


Number  of  Decks One 

Number  of  Masts Twm 

Klggad Schooner 

Stern Klllpllc 

Build Carvel 

Oallerlea None 

Head Eagle 

Framework Wood 


Longtii  from  fore  part  of  stem,  under  the  bowaprit, 
to  tlie  aft  side  of  the  head  of  the  stern  post 

Main  breadth  to  outside  of  plank 

Depth  in  hold  from  tonnage  deck  to  celling  at 
mldaldps 

Depth  In  hulil  from  upper  deck  to  ceiling  at  mid- 
aliips,  In  the  case  of  three  decks  and  upwards. . 

Length  of  engine  room,  if  any 


Feet.    Tenths. 


22 


30 


40- 


Particulaks  of  Engines  (if  any). 

No.  of 
Engine. 

Description. 

Whether 

British  or 

Foreign 

made. 

When 
made. 

Name    and    ad-  !     Dlam.  of 
dress  of  makers.  \    cylinders. 

Length  of 
Stroke. 

No.  of  horses 
powr  (com- 
lined). 

One 

Upright 

condensing 

engine. 

1 
British,      j     1881 

1 
i 

Thoniaa  Uowan, 
Victoria.  B.  C. 

6t  inch 

12  inch 

Nine 

Particulars  of  Tonnaoic. 


(iross  Tonnage. 

Under  Tonnage  Deck 

Closed-in    spaces    above    the   Tonnage 

Deck,  if  any .. 

Space  or  spaces  between  decks  

Poop ...  

Forectstle 

50  Round  House 

Other  closed  in  spaces,  if  any,  as  follows: 


Gross  Tonnage 

Deductions,  as  per  Contra. 

Kegistered  Tonnage 


No.  of  Terns. 
38.1(1 

3.07 


41.17 

4.H2 


80.33 


Deductions  Allowed 

On  account  of  space  re<)uired  for  pro- 
pelling power 

On  account  of  spaces  occupied  by  Sea- 
men or  Apprentices,  and  appropri- 
ated to  tlielr  use  and  kejit.  free  from 
goods  or  stores  of  every  kind,  not 
being  the  personal  property  of  the 
crew 

These  spaces  are  the  following,  viz.. 


Total  Deductions 


Ho.  of  Tons. 
4.82 


4.82 


60 


Names,  Uexidencc,  and  description  of  tlie  owners  and  Number  of 
Sixlj  -fourth  Sliar'  s  held  by  each,  vi/.,. 

iIamks  l>i>i'oLtN  Wakrkn 
of  Vicliiriii,  1!.  C 
Trader  and  Mariner 
Sixtv  fiiui-  iCt)  sliare.-". 


Uegi^itcrcd  Anew  in  consequence  of  altera- 
tion under  the  84  and  8i  Sections  of  the 
M.  S.  A.  18B4. 


Dated  14tli  February,  1881. 


Registrar  W.  HAMLEY 


118 

(Exhibit  No.  68.) 

COPY  TRANSACTIONS  SUBSEQUENT  TO   REGISTRY,   FOR  TRANS- 
MISSION TO  REGISTRAR-GENERAL  OF  SHIPPING  AND 

SEAMEN. 


10 


20 


30 


40 


50 


Nnmbw  oi 

Nama  of    Pa  rftn 

Nnmber 

DaU  of  Reglatry. 

Mai  art  anddatvof 

Nam*,      Reaidene* 

TranaMlloM. 

from  whom    Title 

of  Sharaa 

Ueglatry. 

and  oceopatlon  of 

la  darlred. 

afftcted. 

Transferee,  Mort- 

paraon    acquiring 
title  or  power. 

1 

J.  D.  Warren. 

64 

Aiii;ust  28rd, 

Mortgage  for  $4,- 

Leopold  Boacowitz 

I87l,>.l0r.  M. 

000  and  interest, 
dated        August 
28rd,  1871. 

of  San  Francisco, 
Furlrader. 

S 

Jamta       Douglaa 

«4 

March   5th,   1884, 

Bill  of  Sale  dated 

Henry  John  Hart 

Warren. 

at  n.  40  a.m. 

March  5th,  1884. 

nell  of  the  City 
of  Victoria, B.C., 
Fur  Trader. 

8 

Leopold       Bosco- 

64 

November       6th, 

DlichargeofMort- 

wit  I. 

1884,  a  p.  M. 

Kiee    A   for  •4,- 
<m  (Four  thou- 
sand Dollars)  aa 
per      order      In 
Council  dated  tha 

24th  of  October, 

1884,  the  original 

mortgage  having 

been    lost.     Dis- 

charge        dated 

Uth  day  of  Au- 

gust, 1884. 

4 

Henry  John  Hart- 

64 

November      24  th, 

Mortgage  B,  dated 

Joseph   Boscowitz 

well. 

1884,  1.45  I-.  u. 

the  Uth  Atigust, 
1884,  for  the  sum 
of     $6,000     (Six 
Ihitusand        Dol- 
lars) with   inter- 
fst  at   7Jjf  per 
annum. 

of     Landsdowne 
Place,  Hove,  Sus- 
sex,       England, 
Gentleman. 

6 

Joseph  Boscowitz 

64 

OctobiT          16th, 

Bill  of  Sale  dated 

Thomas       Henry 

1886.  12.14  p.  M. 

Oetdber         15th. 
1 886,  under  mort- 
gage B. 

Cooper    of     Sail 
Francisco,     Cal  , 
U.    S.    A.    Engi- 
neer. 

6 

Thomas        Henry 

64 

Octubur           lAth, 

Mortgage      dated 

Joseph  Boscowitz 

Cooper. 

1886,  12.14  1'.  M. 

Oclobur        15th, 
1886,    for  46,0(10 
(Six        thousand 
dollars)  Kith  in- 
tirtst  at  7%  per 

of     Landsdowne 
Place,  Hove.  Sus- 
sex,       England, 
Gentleman. 

annum. 

W   I      1^ 


■I 


114 

(Exhibit  No.  64.) 
Claim  Mo.  9,  <*  Dolphin.** 

EXHIBIT  No.  64  (0  B.).  OLAIV  No   0 

Transcript  of  Reoistbr  for  Transmission  to  Chief  Rboistbr  of  Shippinq. 


ID 


Offloiat  Number  uf  Slilp. 
88445. 


Ninie  of  Slilp. 
"  Holpliln.''^ 


No.,  DbU  and  Port  of  R«gi«try. 
No.  8ofl8«if,     Victoria,  B.  0. 


Whether  British  or 
Foreign  built. 


Whether  a  Hailing  «r 
Hteani  Ship;  and  if  a 
Stvain  Ship,  how  pro- 
pelleil. 


Where  Built. 


When  Built. 


British. 


Steam  Soiaw  Propeller,  i      Victoria,  B.  C. 


1888. 


Name  and  Address 
of  nullden. 


8.  McCullooh  Smith. 


20 


Number  of  Decks One. 

Number  of  Masta Two. 

Rigged Schooner. 

Stern Square. 

Build Carvel. 

Oallerles None. 

Head Straight. 

Stem. 
Framework Pine. 


Length  from  fore  part  of  stem,  under  the  bow- 
sprit, to  the  aft  side  of  the  head  of  the  stern  post 

Main  breadth  to  outside  of  plank 

Depth  in  hold  from  t«nnaigo  deck  to  ceiling  at 
midships 

Depth  in  hold  from  upper  deck  to  ceiling  at  mid- 
•nips,  in  the  case  of  three  decks  and  upwards, . 

Length  of  engine  room,  if  any 


Feet.  Tenths. 


n 

88 


10 


30 


Particulars  of  Engine,  (if  any). 


No.  of  En- 
fglnes. 

Description. 

Whether 
British  or 
Foreign 
niHde. 

When 
made. 

Names  and   ad- 
ress  of  Makers. 

Dlam.  of 
Cylinders, 

Length  of 
stroke. 

No.  of  Horses' 
powr.  (com- 
bined). 

One. 
40 

Upright 

Compound 

Engine. 

British. 

1882. 

Thomas  Qowan, 
Victoria,  B.  C. 

18  in.  A  Ai 
inch. 

12  inch. 

IS  horses'. 

Particulars  of  Tonnage. 


Gross  tonnsge. 

I'nder  tonnage  Deck 

Closed-in  spaces  above  tlie  tonnage  deck, 

if  any 

Space  or  epHces  between  decks 

Poup 

Forecastle 

50  Round  House 

Other  closed  in  spaces,  if  any,  as  fullows: 


Gross  tonnage 

Deductions,  as  per  Contra. 

Uegistered  tonnage 


Deductions  allowed. 

On  account  uf  space  required  for  propel- 
ling power 

On  account  of  spaces  occupied  by  Seamen 
nr  Apprentices,  and  appropriated  to 
their  use,  and  kept  free  from  gooda  or 
stores  of  every  kind,  not  being  the  per- 
sonal property  of  the  crew 

These  spaces  are  the  following,  viz.: 

Tolal  deductions 


No.  of  Tons. 
6.14 


6.14 


Names,  Residence,  and  Description  of  the  Owners,  and  Number  of  Sixty-fnurth  Shares  held  by  each,  viz.: 

JaHKS    Doi'OLAS   WABRKIt, 

Of  the  City  of  Victoria,  B.  C, 
f^  Merclinnt, 

""  Sixty-four  (64)  Shares. 


Dated  March  27th,  1882. 


Registrar    W.  HAMLEY. 


115 

(Exhibit  No.  64.) 

Copy  Transactions  SuBSBguBirr  to  Rboistry  por  Transmission  to  Rbgis- 
trar-Uenbrai.  of  Shippino  and  Sbamrn. 


Number  uf 
TrauMOtloni. 


10 


Name  of  Per- 
■on  from 
whom  Till*  It 
ilerlvni. 


Nainb«r    of    D*U  of  Raglitry. 
■h«rM    af- 
fMtad. 


Mature  and  data 
TranaaotInD, 


of    :(ama  of  TranifarM, 

I  Mortgagee,  or  other 
Parana  acqulrinii 
Title  or  Pow«r. 


Jamea  Douglaa 
Warren. 


M 


May  l«th,    1688, 
IS  noon. 


Mortgage  A,  dated 
tOtli  Hay,  1888,  for 
theauuiof  |S,()<K),  A 
Intereft  at  b%  par 
annum. 


Jua«pli  BouMiwUi,  of 
Brighton,  England. 
Oentlemaa. 


i 

20 

Jamea  Doualaa 
Warren. 

64 

December       lit, 
1888,  IS  noun. 

Morli{age  Dated  Dec. 
lit,  1883,  of  the  sum 
of  ♦4,000.0(1  A  Inter 
eat  at  7^  per    an- 
num 

Joeeph  Boacowita,  of 
Brifihton,     8uiiiex, 
(Cngland.      Uentla- 
man. 

a 

Jaiuea  Douglaa 
Warren. 

84 

March  llth,  1884, 
at  1.45  P.M. 

Bill    of    Sal«,    dated 
March  lOth,  1884. 

Henry   John    Hart- 
nell, of  Victoria,  B. 
C.    Trader. 

4 

.^0 

Henry  John 
Hartnell. 

84 

Bth       February, 
188B,  at    11.15 

A.M. 

Bill  of  Sale,  dated  4th 
February,  1886. 

Jamea     D  ■>  u  g  1  a  ■ 
Warren,    of    Vic 
toria,  B.  C.    Mer- 
chant. 

B 

.loaeph  Bueco- 
wltz. 

64 

October        15th, 
1886— 12.10p.m. 

Bill    of    Sale,   dated 
15th  October,  1886, 
under  Mortgage  A. 

Thomas      H  u  n  r  y 
Cooper,    of      San 
Prancltco.,      Cal., 
U.S.A.,  Kn|rineer. 

6 

40 

Thoniaa   Ilvnry 
Cooper. 

81 

October     16th, 
1886-lS.lO  P.M. 

Mortgage  dated  15th 
October,  1886,    for 
18.000.00       (9  i  X 
thousand    Diillara), 
with  intercut  at  ^% 
per  annum. 

Joseph  Boecnwttz,  of 
Brighton,       Eng- 
land,   (lentleman. 

*  .T 


116 


t»'^ 


(Exhibit  No.  55.) 
Claim  No.  10,  "Oraoe/' 

EXHIBIT  No.  56  (O  B.),  CLAIM  No  10. 
Transcript  of  Register  for  Transmission  to  Chief  Kkoistrak  of  Shipping. 


ID 


Official  Number  of  Ship. 
63.442. 


Name  of  Ship. 
"  Grace." 


No.,  Date  and  Port  of  Rei^iitry. 
No.  6  of  1881.     Victoria,  B  C. 


Whether    British    or 
Foreign  built. 


Whether  a  Sailing  or 
Steam  Ship ;  and  if  a 
Steam,  how  propelled. 


Where  Built. 


When  Built. 


Name  and  Addreie  of 
Builderi. 


British. 


Steam    Screw    Propeller. 


20- 


Victoria,  British 
Col. 


1881. 


George  G.  Wallter, 
Victoria.  B.  C. 


Number  of  Decks One. 

Number  of  Maata Two. 

Riggvd Schooner. 

Stern Square 

Build Carvel. 

Galleries None. 

Head Straight  Stem. 

Framework Pine. 


Length  from  forepart  of  stem,  under  the  bowsprit, 
to  the  aft  tide  of  the  head  of  the  stem  post. . . 

Main  breadth  to  ••utside  of  plank 

Depth  in  hold  from  tonnage  deck  to  ceiling  at 
niidshipa 

Depth  in  hold  from  upper  deck  to  ceiling  at  mid 
ships,  in  case  of  three  decks  and  upwards.  . . . 


Feet.    Tenths. 


7<t 
23 

8 

12 


30 


Particulars  of  Engines  (if  any). 


40 


No.  of  En. 
gines. 

Description. 

Whether 
British  or 
Foreign 
made. 

When 
made. 

Name    and    ad- 
dress of  makers. 

Diam.    oi 
Cylinders. 

Length    of 
stroke. 

No.  of  Horses 
)owr.  (com- 
bined). 

One. 

Upright 

Compound 

Engine. 

British. 

1881. 

Thomas  Gowan, 
Victoria,  B.  C. 

12  in.  and 
e^in. 

12  inch. 

ID  lioriics. 

Particulars   of  Tonnage. 


Gross  Tonnage. 

Under  Tonnage  Deck 

Closed-in  spaces  above  the  Tonnage  Deck, 

if  any 

Space  or  spaces  between  decks 

Poop 

Forecastle 

.^  Round  House 

^    Other  closed-in  spaces,  if  any,  as  follows: 


Gross  Tonnage 

Deductions  as  per  Contra. 

Registered  Tonnage. . 


No.  of  Tons. 
78.51 

4.ftO 


83.01 
6.14 


76.87 


Deduction  allowed. 

On  account  of  space  required  for  propel- 
ling power  

On  account  of  spaces  occupied  by  Seamen 
or  Apprentices,  and  appropriated  to 
their  use,  and  kept  free  from  goods  or 
stores  of  every  kind,  not  being  the  per 
sonal  property  of  the  crew 

These  spaces  are  the  following,  viz. : 


Total  deductions. 


No.  of  Tons, 
6.14 


6.14 


Names,  Residence,  and  Description  of  the  \ 
Owners,  niul  Number  of  Sixty-fourth  > 
Shares  lu'ld  by  each,  viz.:  ) 

Jamks  Doi'QLAs  Warrin,  of  Victoria,  Prov. 
60  ince  of  Br'Msh  Columbia,  Mariner, 

Sixty-four  <«4)  Shares. 


Dated  30th  December,  1881. 


Hegistrar   W.   HAMLEY. 


«;ite; 


m 


11: 


,     (Exhibit  No.  55.) 

Copy  Transactions  Subsequent  to  Registry,  for  Transmission  to  Regis- 
trar-General OF  Shipping  and  Seamen. 


Numbor  M 
iriDMcticns. 

IC 

Name   of    Person 
from  whom  Title 
is  derived. 

Number 
of  Shares 
Affected. 

Date  of  Registry. 

Nature   and  Date 
of  Transaction. 

Name,  Residence 
and  occupation  of 
Transferee,  Mort- 
gagee or  other 
Person  acquiring 
Title  or  Power. 

1 

James  Douglas 
Warren. 

64 

May  I6th,  1883,at 
18  noon. 

Mortgage  A,  dated 
letlr,    1883,    lor 
the  sum  of  t8,000 
and    interest,   at 
the  rate   of    6% 
per  annum. 

Joseph  Boscowits, 
of  Brighton,  Eng- 
land    Oentloman. 

:o        2 

Jamea  Douglas 
Warren. 

64 

December        Ist, 
1883,  Vi  noon. 

Mortgage  B,  dated 
Decetnoer    Ist, 
1883,  for  the  sum 
of   $4,000,    with 
interest    at    7% 
per  annum. 

Joseph  Boscowitz, 
of  Brighton,  Sus- 
sex, England. 

Gentleman. 

3 

James  Douglas 
Warren. 

64 

March  11th,  1884,     Bill  of  Sale  dated 
at  l.4e  r.  H.              March  10,  1884. 

i 

Henry  John  Hart- 
nell, of  Victoria, 
B.  C.    Trader. 

-.0        , 

Henry  John 
Hartnell. 

64 

1 

February          Ath,      Bill  of  sale  dated 
1 885,  at  1 1 . 1 6  A.  ■.       4th       February, 
188,'i. 

James  Douglas  War- 
ren, of  Victoria.  B. 
C.     Fur  Dealer. 

It 

Joseph  Boscowitz. 

64 

October         16th, 
1886,  12.8  p.  H. 

Bill  of  Sale  dated 
October.       1886, 
under  Mortgage. 

Thomas  Henry  Coo- 
per, San  Francisco, 
Cal.,  U.  S.  A.  En- 
gineer. 

'i 

4C 

Thomas  Henry 
Cooper. 

64 

October         16th, 
1886,  12.8  P.  M. 

Mortgage      dated 
October    tsth, 
1886,  for  t6,000 
(Six)    thousand 
dollars,  with  in- 
terest at  7^  per 
annum. 

Joseph  Boscowitz, 
of  Brighton,  Eng- 
land. Uentleman. 

118 

(Exhibits  Nos.  5«,  57,  58,  51>,  60,  «$1.) 
Claim  No.  6,   "  W.  P.  Say  ward." 

EXHIBIT  No.  66  (0.  B.),    CLAIM   No.  6. 

Insurance  Policy  from  February  15,  1887,  for  £1,000  on 
hull  and  materials,  Schooner  "W.  P.  Say  ward,"  for  12 
months,  by  Pitman  &  Edwards. 
,Q  This  policy  is  similar  in  general  form  to  Exhibit  No.  38 
(G.  B.)  printed  above.  andT)y  order  of  the  Commissioners, 
on  consent  of  counsel,  is  not  printed. 


EXHIBIT  No.   57,   (0.  B.)     CLAIM  No.   6. 

Insurance  Policy  from  February  15,  1887,  for  £2,000  on 
treasure,  cargo,  etc..  Schooner  "  W.  P.  Saywai'd,"  for  12 
months,  by  Pitman  &  Edwards. 

This  pohcy  is  similar  in  general  form  to  Exhibit  No.  38 
(G.  B.)  printed  above,  and  by  order  of  the  Commissioners, 
on  consent  of  counsel,  is  not  printed. 


Claim  No.  7,  '*  Anna  Book." 

EXHIBIT  No.  68  (Q.  B.),  CLAIM  No.  7. 

Insurance  Policy  from  January  21,  1887,  for  £1,400  on 
hull,    machinery,   etc..  Schooner  "Anna  Beck,"  for  12 
3°  months,  by  Pitman  &  Edwards. 

This  policy  is  similar  in  general  form  to  Exhibit  No.  38 
(G.  B.)  printed  above,  and  by  order  of  the  Commissioners, 
on  consent  of  counsel,  is  not  printed. 


EXHIBIT  No.  69  (0.  B.),  CLAIM  No.  7. 

Insurance  Policy  from  January  21,  1887,  for  £2,000,  on 
treasure,  cargo,  etc.,  Schooner  "Anna  Beck,"  for  12 
40  months,  by  Pitman  &  Edwards. 

This  policy  is  similar  in  general  form  to  Exhibit  No. 
38  (G.  B.)  printed  above,  and  by  order  of  the  Commis- 
sioners, on  consent  of  counsel,  is  not  printed. 


Claim  No.  9,  "  Dolphin." 

Exhibit  No.  60  (0.  B.),  Claim  No.  9. 

50  Insurance  Policy  from  December  U,1886.  for  £2,000,  on 
hull,  machinery, etc..  Schooner  "Dolphin,"  for  12  months, 
by  Pitman  &  Edwards. 

This  policy  is  similar  in  general  form  to  Exhibit  No.  38 
(G.  B. )  printed  above,  and  by  order  of  the  Commissioners, 
on  consent  of  counsel,  is  not  printed. 


Exhibit  No.  61  (0.  B.),  Claim  No.  9. 

60  Insurance  Policy  from  March  2,  1888,  for  £2,000,  on 
treasure,  cargo,  etc.,  Schooner  "  Dolphin,"  for  12  months, 
by  Pitman  &  Edwards. 

This  policy  is  similar  in  general  form  to  Exhibit  No.  38 
(G.  B. )  printed  above,  and  by  order  of  the  Commissionei's, 
on  consent  of  counsel,  is  not  printed. 


119 


(Exhibits  Nos.  62,  63,  U.) 

Claim  No.  10,  *'  Grace." 

EXHIBIT  No.  62  (0.  B.).  CLAIM  No.  10. 

Insurance  Policy  from  January  18,  1887,  for  £2,000,  on 
hull,  machinery,  etc..  Schooner  "Grace," for  12  months, 
by  Pitman  &  Edwards. 

This  policy  is  similar  in  general  form  to  Exhibit  No.  38 
io(G.  B.)  printed  above,  and 'by  order  of  the  Commissioners, 
on  consent  of  counsel,  is  not  printed. 


EXHIBIT  No.  68  (G.  B.),  CLAIM  No.  10. 

Insurance  Policy  from  January  18,  1S87,  for  £2,000  on 
treasure,  cargo,  etc..  Schooner  "Grace,"  for  12  months, 
by  Pitman  &  Edwards. 

This  policy  is  similar  in  general  form  to  Exhibit  No.  38 
(G.  B.)  printed  above,  and  by  order  of  the  Commissioners, 
20  on  consent  of  counsel,  is  not  printed. 


30 


Claims  Nos.  6,  7,  9  and  10  (continued). 

EXHIBIT  No.  64  (O.  B.)  CLAIMS  Nos.  6,  7,  9  and  10. 

Statement  of  premiums  paid  per  "  Sayward,"  "Anna 
Beck,"  "  Dolphin  "  and  "  Grace." 

"W.  P.  Sayward." 

I8S7. 

J«ny.3.    TojEl.OOO  Hull ®  8p.  % 

"      2,000  Treasure @  6p-  ?i 


£  84     0     0     £  84     6     8 
"106     0     0     "105  IS     4 


Brokerage 

Allow  7i,"i^  disct.  on . 


£189     0     0     £190     0     0 
9     9     0 


179  11     0 


l:l     9     5 


40 


By  Return  of  Premium  for  cancolment  from  IS  An- 
gU8t,  1887  (vessel  seized  9  July) 
1887. 

Dec,  29.    £1,000  Hull @    3     H/ % 

2,000  Treasure @    2  10/  - 


Deduct  7i%  diact.  allowed . 


178  10     7 


£34 

0 

0 

•■60 

0 

0 

£84 

0 

0 

6 

6 

0 

77  14     0 
£  98  Ifl     7 


We  certify  that  the  above  amount,  viz.,  £98.16.7,  has 
been  paid  in  account  current. 
Lloyds  1  December  18!>6. 

PITMAN  &  EDWARDS. 


SO 


1887. 
Jany.    3. 


"  Anna  Beck." 

To£l,400Hull @  Sp.     £117  12     0    £118     1     4 

2,000  Treasure @  5p.     "JOB     0     0    "105  18     4 


Brokerage . 


222   12     0    £223  14     8 
112     8 


207   17     6 


Allow  7i%  disct.  for  casli  on 211     9     4        16  17     3 

By  Return  of  Premium  for  cancelnient  from 
6n         21  July,  1887  (vessel  seized  2  July). 
1887. 
Dec.    29.    £(,400  Hull..    @8    »/-%     £47  18     0 


2,000  Treasure @,  2  lo/-»j 

Deduct  1^%  dlict.  allowed 


97  12    0 
7     6    fl 


90    S     6 


£117  11   11 


We  certify  that  the  above  amount,  viz.,  £117.11.11,  has 
been  paid  in  account  current. 
Lloyds,  1  December,  1896. 

PITMAN  &  EDWARDS. 


ir^ 


10 


20 


30 


40 


120 

(Exhibit  No.  64,  65.) 
"  Dolphin." 

1887. 

J«ny  3.     To£S,OOOHull ®  8p.  £\»S    0    0    f  168  13    4 

4,000  Treaiure ®  5p.  %  105    0    0        105  1,\    4 

£273     0     0     £274     «     8 
Brokerage 13  13    0 

Allow  7i^^  disct.  fur  cash 259    7    0         19    9     1 

254  17     7 
By  Return  of  Premium  for  cancelment  from  2  August, 
1887  (vessel  seired  12  July). 
1887. 

Pec.     29.     £2,000  Hull @    2  18     B«f,       £.^8  13     4 

2,000  Treasure @    2  IH     4  "  56     6     8 

i'115     0     0 

Deduct  7i%  discf.  allowed 8  12    6 

106     7     6 

£148  10     1 

We  certify  that  the  above  amount,  viz.,  £14S.lo.l,  has 
been  paid  in  account  current. 
Lloyds  1  December  1896. 

PITMAN  &  EDWARDS. 

"Grace." 

1887. 

Jany.    3.     To  £2,000  Hull (»  8p.     £168    0    0    £168  13    4 

2,000  Treasure @  5p.     "105    0    o    "105  13    4 

£273     0     0     £274     6     8 
Brokerage 13  13    0 

Allow  7^,%' disct.  for  cash 259    7    0         19    9     1 

254  17    7 
By  Return  of  Premium  for  cancelment  from 
18  August,  1887  (vessel  seized  17  July). 
1887. 

Dec.    29.     £J,00OHull @2  1  8%      £4113    4 

2,000  Treasure ^^2  5  4°j;'      "45     6     S 

87     0    0 
Deduct  7J%  disct.  allowed 6  10     6         80     9     « 

£174    8     I 

We  certify  that  the  above  amount,  viz.,  £174.8.1,  has 
been  paid  in  account  current. 
Lloyds,  1  December,  1896. 

PITMAN    &  EDWARDS. 


50 


60 


Claim  No.  6  (continued). 

Exhibit  No.  66  (0.  B.),  Claim  No.  6. 

Copy  of  Record  and  proceedings  in  United  States  Dis- 
trict Court  in  Alaska  in  case  of  United  States  vs.  "  W.  P. 
Say  ward." 

This  exhibit  is  printed  in  full. 

In  the  District  Court  of  the  United  States  for  the  Dis 
trict  of  Alaska,  in  Admiralty. 

Pleas  and  proceedings  begun  and  had  in  the  District 
Court  of  the  United  States  for  the  District  of  Alaska. 

The  United  Slates  ) 

vs.  [■  No.  84. 

The  Schooner  "W.  P.  Sayward."  ) 

Be  it  remembered  that  at  a  Stated  Term,  to  wit,  the 
May  Term,  1887,  of  the  District  Court  of  the  United  States, 


121 


m 


10 


(Exhibit  No.  65.) 

for  the  District  of  Alaska,  began  and  held  at  Sitka,  in 
said  District,  on  Monday,  the  day  of  May,  1887, 

and  adjourned  from  time  to  time  until  September  13, 
1887,  when  M.  D.  Ball,  Esq.,  U.  S.  Attorney  for  the  Dis- 
trict of  Alaska,  presented  and  filed  the  libel  of  information 
in  said  cause,  which  is  in  words  and  figures  following,  to 
wit: 

In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska,  United  States  of  America. 

To  the  Honorable  Lafayette  Dawson,  Judge  of  said  Dis- 
trict Court: 

The  libel  of  information  of  M  D.  Ball,  attorney  for  the 
United  States  for  the  District  of  Alaska,  who  presecutes 
on  behalf  of  the  said  United  States,  alleges  and  informs 
as  follows,  to  wit: 

20  That  L.  D.  Shepard  an  officer  in  the  Revenue  Marine 
Service  of  the  United  States  duly  commissioned  by  the 
President  of  the  United  States,  incomniandof  the  United 
States  Revenue  Cutter  "Rush  "and  on  special  duty  in 
the  water  of  the  District  of  Alaska,  heretofore,  to  wit,  on 
the  ninth  day  of  July,  A.  D.  1887,  within  the  limits  of 
Alaska  Territory  and  in  the  waters  thereof  and  within  the 
civil  and  judicial  district  of  Alaska,  to  wit,  within  the 
waters  of  that  portion  of  Behring's  Sea  belonging  to  the 
United  States  and  said  District  on  waters  navigable  from 

30  the  sea  by  vessels  of  ten  or  more  tons  burden  seized  the 
schooner  "  W.  P.  Say  ward  "  of  Victc>ria,  B,  C,  her  tackle, 
apparel,  boats,  cargo  and  furniture  being  the  property  of 
some  person  or  persons  unknown  to  the  said  attorney. 

The  property  is  more  particularly  described  as  follows, 
to  wit: 

Schooner  "  W.  P.  Say  ward "  of  Victoria,  B.  C,  of 
50  25>/10(>  tons  burden  as  per  register,  standing  and  run- 
ning rigging,  sails,  chronometer  and  nautical  instruments, 
dock,  lamp,  carpenter's  tools,  books,  two  anchors,  casks, 
40  cooking  and  table  utensils,  provisions  and  477  fur  seal 
skins  and  all  other  property  found  upon  or  appurtenant 
to  said  schooner. 

That  L.  G.  Sheppard  was  then  and  there  duly  com- 
missioned and  authorized  by  the  proper  department  of 
the  United  States  to  make  said  seizure.  That  all  said  prop- 
erty was  then  and  there  seized  as  forfeited  to  the  United 
States  for  the  following  causes. 

That  the  said  vessel  and  her  captain,  officers  and  crew, 
were  there  and  then  found  engaged  in  killing  fur  seals 
50  within  the  limit  of  Alaska  Territory  and  in  the  said  waters 
thereof  in  violation  of  Section  lOSfiof  the  Revised  Statutes 
of  the  United  States.  That  all  the  said  property  after 
being  seized  as  aforesaid  was  brought  into  the  Port  of 
Sitka  in  said  district,  and  turned  over  to  the  United  States 
Marshal  of  this  district  with  the  exception  of  the  said  477 
fur  seal  skins  which  latter  were  brought  into  the  Port  of 
Ouualaska  in  said  Territory  and  delivered  into  the  keeping 
of  Isaac  Anderson,  a  Deputy  United  States  Marshal  of  this 
District,  and  all  of  the  said  pro|)erty  is  now  within  the 
"°  Judicial  District  of  Alaska,  United  States  of  America. 

The  said  M.  B.  Ball.  Attorney  as  aforesaid,  further  in- 
forms and  alleges.  That  on  the  9th  day  of  July,  A.  D. 
1887,  George  R,  Ferry  and  certain  other  persons  whose 
names  are  to  the  said  United  States  Attorney  unknown 
who  were  then  and  there  engaged  on  board  the  said 


mp 


122 


U- 


/.  ' '? 


(Exhibit  No.  65.) 

Bchooner  "W.  P.  Sayward"as  seamen  and  seal  hunters 
did  under  the  direction  and  by  the  authority  of  George  R. 
Ferry,  then  and  there  master  of  said  schooner,  engage  in 
kilUng  and  did  kill  in  the  Terrtory  and  District  of  Alaska 
and  in  the  waters  thereof,  thf.ty  fur  seals  in  violation  of 
section  195r)  of  the  Revised  Statutes  of  the  United  States 
in  such  cases  made  and  provided, 
lo  That  the  said  477  fur  seal  skins  and  other  goods  so  seized 
on  board  the  Schooner  "  W.  P.  Say  ward"  constituted  the 
cargo  of  said  Schooner  at  the  time  of  the  kilHng  of  said 
fur  seals  and  at  the  time  of  said  seizure. 

And  said  Attorney  sayeth  that  all  and  singular  the 
premises  were  and  are  true  and  within  the  admiralty  and 
maritime  jurisdiction  of  the  United  States  and  of  this 
Honorable  Court,  and  that  by  reason  thereof  and  by  force 
of  the  statutes  in  such  cases  made  and  provided  the  afore- 
mentioned schooner  being  a  vessel  of  59.79  tons  burden 
20  and  her  said  apparel,  tackle,  boats,  cargo  and  furniture 
became  and  are  forfeited  to  the  use  of  the  United  States. 
Wherefore  the  said  Attorney  prays  that  the  usual  pro- 
cess and  monition  of  this  honorable  court  issue  in  this  be- 
half against  said  schooner  and  all  said  hereinbefore  de- 
scribed property  to  inforce  the  forfeiture  thereof  and  re- 
quiring notice  to  be  given  to  all  persons  to  appear  and 
show  cause  on  the  return  day  of  said  process  why  such 
forfeiture  should  not  be  decreed  and  that  after  duv-  pro- 
ceedings are  had,  all  said  property  be  adjudged,   decreed 
30  and  condenmed  as  forfeited  to  the  use  of  the  United  States 
and  for  such  other  relief  as  may  be  proper  in  the  premises. 
Dated  Sept.  13,  A.  D.  1887. 

M.  D.  BALL. 
U.  S.  Diet.  Atty.  for  the  Dist.  of  Alaska. 
By  A.  R.  Delany, 
Special  Asst.  Atty.  for  U.  S. 


40 


In  the  United  St^ites  District  Court,  Distri^jt  of  Alaska. 
Special  July  Term,  Sept.  15,  A.  D.  1887. 

United  States  1 

r.  >  No.  84.     Demurrer. 

Sch.  "W.  P.  Say  ward.") 

At  this  time  comes  W.  Clark  Proctor  for  claimants  and 
moves  the  Court  for  leave  to  file  a  demurrer  to  the  libel  of 
information  filed  herein.  It  is  considered  and  ordered  by 
this  Court  that  leave  be  granted. 


50 


In  the  United  States  District  Court,  District  of  Alaska. 
Special  July  Term,  Sept.  15th,  1887. 


United  States 

vs. 

Schooner  "  W.  P.  Say  ward." 


No.  84.     Demurrer. 


At  this  time  comes  W.  Clark,  Esq.,  Proctor  for  claim- 
ant of  the  property  pi'oceeded  against  in  the  above  cause 
and  demurs  to  the  libel  of  information  filed  herein,  the 
said  Claimant  by  protestation  not  confessing  all  or  any  of 
gQ  the  said  matters  in  the  said  information  contained  to  be 
true,  demuis  thereto  and  says  that  the  said  matters  in 
manner  and  form  as  the  same  are  in  said  information 
stated  and  set  forth  are  not  sufficient  in  law  for  the  United 
States  to  maintain  their  said  action  for  the  forfeiture  of 
the  property  aforesaid  and  that  the  said  claimant  is  not 
bound  by  law  to  answer  the  same.     Wherefore  the  said 


IfiS 


(Exhibit  No.  65.) 

claim.'tnt  prays  that  the  said  information  be  dismissed 
with  costs. 

W.  Clark, 
Proctor  for  Claimant. 

In  the  United  States  District  Court,  District  of  Alaska. 
Special  July  Term,  Sept.  15,  1887. 
10  United  States  ) 

vs.  >  No.  84.    Demurrer. 

Sch.  "W.  P.  Say  ward.") 

Now  at  this  time  comes  the  parties  above  named  by 
their  respective  attorneys,  Mr.  A.  K.  Delaney  for  plaintiff 
and  Mr.  W.  Clark  for  defendant,  and  this  cause  coming 
on  to  be  heard  upon  the  Demurrer  to  the  libel  herein  and 
the  Court  being  fully  advised  in  the  premises  it  is  consid- 
ered and  ordered  that  the  demurrer  be  and  the  same  is 
hereby  overruled. 


4 


No.  84.     Answer. 


In  the  United  States  District  Court,  District  of  Alaska. 
Special  July  Term,  Sept.  15,  J  887. 
United  States 
vs. 
Sch.  "W.  P.  Say  ward. 

And  now  comes  George  R.  Ferry  by  W.  Clark,  Esq., 
the  master  of  the  aforesaid  schooner  and  moves  the  Court 
for  leave  to  file  and  answer  to  the  libel  of  information 
^Q  herein. 

It  is  so  ordered. 

In  the  United  States  District  Court,  District  of  Alaska. 
Special  July  Term,  Sept.  15,  1887. 
United  States  | 

vs 
Sch.  "W.  P.  Say  ward."! 

The  Answer  of  George  R.  Ferry,  Master. 
And  now  comes  George  R.  Ferry,  Master  as  aforesaid, 
40  and  for  answer  to  the  libel  of  information  filed  herein, 
says: 

1st. 
He  admits  that  L.  G.  Shepard  was  an  officer  of  the 
United  States  Revenue  Marine  service  duly  commissioned 
and  that  he  was,  at  the  time  the  property  proceeded  against 
herein  was  seized,  in  command  of  the  United  States  Reve- 
nue Cutter  "Rush"  and  on  official  duty  at  the  time  the 
said  seizure  was  made  and  was  then  and  there  duly  com- 
missioned and  authoiizjd  by  the  proper  department  of  the 
50  United  States  to  make  said  seizure,  but  denies  that  said 
seizure  was  made  within  the  waters  of  Alaska  Territory  or 
within  the  Civil  and  Judicial  District  of  Alaska  or  in  any 
portion  of  Beh ring's  Sea  belonging  to  United  States  or 
upon  any  other  waters  belonging  to  libellant  navigable 
from  the  sea  by  vessels  of  ten  tons  or  over. 

2nd. 

Denies  that  said  vessel,  her  captain,  officers  and  crew 

were  then  and  there  found  engaged  in  killing  fur  seals 

(5q  within  the  limits  of  Alaskan  territory,  or  in  the  waters 

thereof,  or  that  they  were  then  and  there  violating  any 

law  of  the  United  States. 

3rd. 
Denies  that  on  the   ninth   day  of  July,  A.   D.  1887, 
any  other  person  or  persons  did   then  and    there  un- 


fp 


(Exhibit  No.  ♦J6.) 

der  the  directions  and  authority  of  the  said  Qeorge 
R.  Ferry  or  any  other  pei-son  or  at  all  kill  any  fur  seal 
within  the  District  of  Alaska  or  in  the  waters  thereof. 

4th. 
Denies  that  the  property  proceeded  against  in  this  cause, 
or  any  portion  thereof,  ever  became  forfeited  to  the 
jQ  Uniteri  States,  wherefore  the  said  claimant  prays  that  the 
libel  of  information  filed  herein  may  be  dismissed  and  for 
any  other  just  and  equitable  relief  as  this  Court  may 
seem  just  and  proper, 

GEORGE  R.  FERRY. 

Sworn  and  subscribed  this  fifteenth  day  of  September 
A.  D.  1S87.      Before  me, 

H.  E.  HAYDON, 

Clerk  U.  S.  Dist.  Court. 
I  SEAL.]  By  A.  A.  MEYER,  Dep.  Clerk. 

20  W.  Clark, 

Proctor  for  Claimant. 

Here  follow  waiver  by  Defendant  of  Posting  and  Pub- 
lishing Libel,  etc.,  and  Declaration  of  readiness  of  trial. 


RETURN. 

Sitka,  Dist.  of  Alaska.    Sect. 
Be  it  remembered  that  in  obedience  to  the  annexed 
30  monition,  I  have  attached  the  within  described  property 
and  now  hold  the  same  in  my  possession  subject  to  the 
order  of  this  Hon.  Court. 

And  the  owners  and  claimant  of  said  property  having 
in  writing  filed  in  this  Court  this  day  waived  notice  of 
publication  and  posting  of  the  libel  and  seizure,  I  there- 
fore have  notified  all  persons  claiming  said  property  to  be 
anil  appear  before  this  District  Court  on  tne  nineteenth 
day  of  September,  1887,  at  11  o'clock  in  the  forenoon,  then 
and  there  to  make  their  claims  and  allegations  in  that  be- 
40  half. 

Sitka,  Alaska,  Sept.  19th,  1887. 

BARTON  ATKINS, 
U.  S.  Marshal,  Dist.  of  Alaska. 

C.  7. 

Port  of  Victoria,  B.  C. 

These  are  to  certify  to  all  whom  it  doth  concern,  that 
Geo.  R.  Ferry  Master  of  the  Sch.  "  W.  P.  Say  ward,"  bur- 
then 60  tons,  navigated  with  7  men,  British  built  and  bound 
for  North  Pacific  Ocean  &  Behring  Sea,  having  on  board 
5°  Ballast  and  stores  and  fishing  apparatus  for  a  fishing  and 
hunting  voyage  hath  here  entered  and  cleared  his  said 
vessel  according  to  law. 

Clearance  Customs  of  Canada,  May  14,  1887,  Victoria, 
B.C. 

Given  under  my  hand,  at  the  Custom  House  at  the 
Port  of  Victoria  in  the  Province  of  B.  C.  this  14th  day  of 
May  one  thousand  eight  hundred  and  eighty-seven. 

GEO.  ERNO, 
Surveyor. 

[L.  8.] 

(Endorsed) -Filed  Sept.  1J>,  1887.— H.  E.  Haydon,  Clerk. 
—By  A,  A.  Meyer,  Dept.  Clerk. 


60 


126 


(Exhibit  No.  65.) 

Crew  List. 

Name  of  Ship,  "  W.  P.  Say  ward."  ARieement  No.  23,716. 


No 

Signatures  of  Crew. 

Age. 

Where  Born. 

Ship  on  which  last 
served. 

Date. 

10   I.... 
8.... 

Wm.  Petit 

A.  Uing 

DaTid  McHarray    . . . 

Nell  Morrison 

Ous  Hoge 

38 
27 
27 
SO 

Jersey  

St.  Andrews  . 

England 

Scotland 

Prussia 

Robert  Keen    

W.  P.  Sayward  .   . . 
Dolphin 

1886 
1888 
1886 

4 

6.... 

Favorite 

Winifred 

1886 
1886 

The  undersigned  agreed  to  proceed  on  the  pi-esent  voy- 
age from  Victoria,  B.  C,  on  a  general  hunting  and  seal- 
ing voyage  in  the  North  Pacific,  and  the  Behring  Seas, 
or  wherever  the  master  may  direct  for  a  term  not  to  ex- 
ceed twelve  calendar  months  back  to  a  final  port  of  dis- 
2Q  charge  in  a  port  of  British  Columbia.  The  vessel  may 
call  at  any  port  or  ports  for  supplies  during  the  said  term 
of  this  agreement. 


12... 
18... 
14... 
IB.., 
16... 
17... 
18... 
19... 


Geo.  R.  Fery 

A.  Laing 

F.  Wicks 

H.  Gomsen 

C.  Williama 

Thomas  E.  Spencer. 

J.  Amdersun 

Edward  Davis...    . 


89     jJersey 

30     {Scotland  . . .  . 

Germany . . . , 
do        .    . . 

London  . .    . , 

Sussex 

Sweden 

Norway. . .   . 


82 
29 
19 
86 
86 
81 


Rover  of  Seas . . . 
W.  P.  Sayward  . 

Boacowitz 

Geo.  E.  SUrr... 

Anna  Beck 

May  Taylor  . . . . 

Anna  Beck 

Adele 


30 


No. 

Date  and  place  of 
joining  this  ship. 

In  what 
Capacity. 

Time  at 

wliieh  he  ia 

to  be  on 

board. 

Amount   of 

wages  per 

muntli. 

Amouut   of 

wages 

advanced    on 

entry. 

1 
2 

40      3 

4 

6 

12 
13 

16/2/86.  Victoria. 
25/2/86. 

25/2/86. 

19/2/86. 
22/2/86. 

17/2/87. 
17/1/87. 
17/1/87. 

9/2/87. 

6/2/87. 
20/6/87. 
23/6/87. 
16/6/87. 

28620 
Master. 
Male. 

1  Trader,  Cook  A 

1      A    B. 

A.  B.  A  Hunter. 

A.  B. 

016863 
Master. 

Mate  it  Trader. 
A.  B. 
A.  B. 
Cook. 
A.  B. 
A.  B. 
A.  B. 

26/2/86. 

19/2/86. 
22/2/86. 

$40.00 

35  00 

35.00 
35.00 

40.00 
35.00 
30.00 
26.00 

xo.oo 

36.00 

tso.oo 

10.00 

26.00 
6.00 

None. 

14 
16 
16 

18.00 
10.00 

17 

18 

50   19 

Discharged  and  balance  of  wages  reed. 
A.  Laing,  16/9/86,  G.  I. 
David  McMuray,  15/9/86. 
Discharged  on  the  Coast 

and  balance  of  wages  paid  W.  P. 
Gua  Hone,  16/9/30. 
No  15,  G.  Gormaen,  deaerted  May  15. 

Signature  of  Officer  of  Customs, 


GEO.  INEO. 


f-,g(  Endorsed)— No.   84.— Filed  September  19,  188T.— H.    E. 
Haydon,  Clerk.— By  A.  A.  Meyer,  Depty.  Clerk. 


30 


126 

(Exhibit  No.  65.) 

In  the  United  States  District  Court,  District  of  Alaska, 
Special  July  Term,  Sept.  16,  1887. 

United  States  ) 

vs.  }  No.  84.     Trial. 

Schr."W.  P.  Sayward.") 

Evidence  for  the  Prosecution  by  Mr.  Delaney. 
10  I  am  Capt.  L.  G.  Shepard  named  in  libel  of  information 
in  command  of  Revenue  Cutter  "  Rush."  I  know  the 
schooner  "  W.  P.  Say  ward."  I  am  theofficer  under  whose 
direction  she  was  seized.  The  seizure  was  made  in  I^at. 
64°  43'  N.,  107  deg.  51  min.  W.  The  seizure  was  made 
about  5y  miles  from  Cape  Cheerful.  The  vessel  was  lyiujg 
when  seized  upon  waters  between  Ounalaskaand  Pribyloff 
Islands,  in  Behring's  Sea.  It  was  made  on  July  ninth, 
1887,  50  m.  P.  M. 

The  schooner  was  first  boarded  by  Lieuts.  David  A.  Hall 
20  and  Thomas  W.  Benham,  under  my  directions.  After 
they  left  the  "  Rush  "  they  returned  bringing  Capt.  Ferry. 
The  vessel  had  ou  board  485,  as  informed  me  by  the  Cap- 
tain; in  tallying  out  at  Ounalaska  found  onlv  477.  After 
Capt.  Ferry's  arrival  on  board  the"Ru!iirl  asked  him 
the  nature  of  his  voyage;  he  said  hunting  and  sealing. 

How  loug  he  had  been  in  Behring  Sea?  He  said  four 
days.     How  many  sealskins  on  board?    He  said  485. 

By  which  pass  bad  he  come  in?  He  saidpassof  the  four 
Mountains. 

Had  he  taken  any  seals  in    Behring's    Sea?    He   said 

Yes,  (54." 

Didn't  he  know  he  had  no  right  to  take  seals  in  Behr- 
ing's Sea?    He  said  he  did  not  know. 

This  conversation  occurred  on  the  !»th  July.  At  this 
conversation  Lieut.  D.  A.  Hall  was  present  with  myself 
and  Capt.  Ferry. 

(Counsel  offers  witness  package  of  papers  for  identifica- 
tion.) 

Are  these  the  docunaeuts  and  papers  pertaining  to  this 
40  vessel  taken  by  you  and  your  officers  in  the  seizure? 
(Agreement  read.)    Ans.  They  are. 

Capt.  Shepard  found  the  vessel  under  shoi't  sail  one 
canoe  and  two  Indians  out  hnnting  seal.  The  canoe  came 
alongside  and  the  Indians  went  ou  board.  Vessel  was  in 
our  immediate  charge  from  Saturday  till  Tuesday  during 
which  time  I  had  fre(iuent  conversations  with  Capt.  Ferry 
and  mate,  but  no  intimation  was  made  that  they  had  not 
taken  seal. 

(Chart  exhibited  and  Capt.  Shepard  identified  place  of 
50  seizure  thereon). 

Cross-examined  by  Mr.  Clark: 

Did  yon  check  the  number  of  seals?  One  of  my  officers 
checked  over  the  number  of  seals  on  board.  Did  not 
check  them  personally 

From  what  department  were  your  instructions  to  seize 
the  vessels    From  the  Treasnry  Department. 

Have  you  these  instructions?    I  have. 

What  were  you  to  do  after  making  the  seizure?    I  don't 

know  that  my  instructions  cover  this  particular  case,  but 

(5othe  law  requires  us  to  turnover  the  property  when  seizure 

is  made  to  the  nearest  Port  where  the  District  Court  is 

held. 

Did  you  do  this?  I  did  to  the  best  of  my  ability  with 
the  force  I  had  at  my  command.  The  vessels  were  sent 
here  and  the  skins  kept  in  Ounalaska. 


127 

(Exhibit  No.  «5.) 

Had  vou  any  epocial  instructions  from  youi  Department 
to  break  carf^o  on  these  vessels?  I  had  no  special  instruc- 
tions but  followed  the  precedent  of  last  year  as  far  as  I 
know. 

Then  your  sole  reasons  for  leaving  those  skins  in  Ouna- 
laska  were  the  precedents  of  last  year?  No,  sir;  but  for 
safe  keeping  of  the  skins.  The  skins  were  seized  near 
loOunalaska  and  I  had  no  special  instructions  as  to  dis- 
posing of  them.  There  was  a  deputy  U.  S.  Marshal 
at  Ounalaska  authorized  to  receive  the  skins  and  I 
delivered  them  to  him  and  sent  the  vessels  to  Sitka. 

At  the  same  time  you  know  that  the  law  required  you 
to  send  them  here?    I  don't  know  the  law. 

I  thought  you  did  your  duty  according  to  law?  You 
have  to  be  governed  by  circumstances  in  Alaska. 

In  whose  ciiarge  did  you  leave  the  skins?    In  charge  of 
Isaac  Anderson,  Deputy  Marshal. 
JO     Did  you  deliver  them  to  him  personally  at  once?    They 
were  delivered  to  him  as  soon  as  landed. 

That  was  all  you  had  to  do  with  them?  That  was  all  I 
had  to  do  with  the  skins. 

Can  you  give  me  the  exact  words  of  Capt.  Ferry  in  your 
first  conversation  after  ho  came  aboard  wlien  you  asked 
him  if  he  had  killed  any  fur  seal  in  Behring's  Sea?  I  don't 
know  what  the  exact  words  were,  but  I  understood  him 
to  convey  the  meaning  that  he  had  killed  (!4  seals  in  Behr- 
ing  Sea. 
30  Did  you  examine  these  skins  personally?  No,  sir.  I 
saw  them  when  they  were  passed  out  of  the  vessel— didn't 
examine  them  minutely. 

You  stated  in  your  examination  in  chief  that  there  was 
a  canoe  out  hunting  seals?    Yes,  sir. 

How  do  you  know?  Capt.  told  me  that  was  his  busi- 
ness. 

How  do  you  know  this  canoe  was  out  hunting  seals?  I 
have  seen  other  canoes  out  hunting  seal  and  seen  them 
shooting  seals. 
40  You  do  not  know  positively  that  this  canoe  was  hunt- 
ing seal?  I  presume  of  my  own  knowledge  that  they 
were. 

By  the  Court — Had  they  any  implements  on  board  for 
hunting  seal?  The  canoes  were  hoisted  on  board  and  I 
could  see  nothing. 

Do  you  remember  what  sort  of  weather  it  was  when  you 
made  this  capture?  The  weather  was  not  bad;  I  think  a 
light  westerly  breeze. 

What  had  it  been  previously?    We  might  not  have  had 
50  the  same  weather,  as  we  were  in  a  different  place  and 
position    makes  a  great  difference  in  the  weather  in  Beh- 
ring's Sea. 

Mr.  Delaney  first  offers  in  evidence  certificate  of  registrj' 
of  schooner  "  W.  P.  Sayward,"  offii-iai  Number  83,-1:4:6, 
also  agreement  on  account  of  crew,  same  vessel  No.  23,710, 
clearance  C.  May  14-87  and  Bill  of  Health,  May  14-87. 

Re  examined  by  Mr.  Delaney. 

Were  the  waters  on  w'hich  this  vessel  was  seized  navi- 
gable from  waters  for  vessels  of  ten  or  more  tons  burden? 
60  Yes,  sir. 

Thomas  A.  Benham,  examined  by  Mr.  Delaney. 

I  am  one  of  the  officers  of  the  Revenue  Cutter  "  Rush  " 
and  mentioned  in  the  testimony  of  Captain  Sliepard  as  one 
of  the  boarding  officers  sent  to  the  vessel.  I  had  very 
little  conversation   with  Capt.  Perry.     I  heard  him  admit 


•♦  '•? 


'I 

i 


I' 


198 

(Exhibit  No.  65.) 

to  Lieut.  Hall  that  he  had  been  killing  seal  nearly  all  the 
way  from  the  pa98,  of  the  Four  Mountains  up  to  where 
we  found  him.  The  stutements  were  made  m  reply  to 
Lieut.  Hall's  questions  who  carried  on  the  conversation. 
Afterwards  Lieut.  Hall  aud  Capt.  Ferry  went  to  the 
"  Rush  "  and  I  remained  with  "  Saywai-d."  I  was  on  the 
deck  awaiting  arrival  of  canoe  when  she  came  along  side. 

ID  She  was  empty.  J  remarked  Laing  that  they  were  pretty 
well  educated.  He  said  if  they  had  had  any  seal  skins  on 
board  she  would  have  brought  them  aboard.  She  had  im- 
plements on  board  for  the  purpose  of  catching  seals  and 
two  Indians. 
Cross-examined  by  Mr.  Clark: 

Can  you  give  me  the  words  used  by  Capt,  Ferry.  I  can 
only  give  you  the  import  which  was  that  he  had  "been  kill- 
ing seal  at  every  chance  he  had  all  the  way  up  from  the 
pass. 

20     When  did  this  conversation  take  place,  and  where  were 
you!    In  the  cabin,  sitting;  Mr.  Hall  was  also  sitting. 

You  were  busy  noting  down  the  seizure  at  the  time? 
Yes,  sir. 
Can  you  remember  the  words  Capt.  Ferry  used  when 

S3U  told  him  the  Indians  seemed  pretty  well  educated? 
o,  sir.     There  was  no  particular  meaning  to  the  words. 
What  did  you  mean?    I  meant  that  the  sight  of  the 
smoke  might  induce  them  to  throw  the  skins  ovei'board. 
The  purport  of  the  answer  was  that  they  were  out  killing 
30  seals.     1  don't  remember  what  was  said;  only  remember 
the  substance  of  it. 
David  A,  Hall,  examined  by  Mr.  Delaney: 
I  am  Lieut.  Hall  spoken  of;  he  said  that  he  had  taken 
seal  from  the  entry  of  the  pass  in  Behring  Sea  in  the 
Behring  Sea.     He  said  two  or  three  times  that  he  had 
taken  ♦!4  seals  in  Behring  Sea. 
Cross-examined  by  Mr.  Clark: 
Did  you  check  the  skins?    Yes. 

What  condition  were  they  in?    Some  were  fresh,  quite 
40  clear  and  soft. 

How  long  does  it  take  a  seal  to  become  discolored  by 
salt?    I  don't  know. 

Barton  Atkins,  U.  S.  Marshal,  examined  by  Mr.  De- 
laney : 

The  log  books  were  brought  inshore.  I  do  not  remem- 
ber when  this  one  was  brought  asii>..re,  two  or  three  were 
brought  together. 

It  is  hereby  stipulated  and  iiyyeeA  that  the  foregoing 
affidavit  shall  go  before  the  Ooi  .ft  as  the  testimony  of  A. 
50  Laing. 

Dated  Sept.  10,  1887. 
A.  K.  DELANEY,  Atly.  for  U.  S., 
M.  W.  WHIT  DRAKE.  Atty.  for  "W.  P.  Say  ward." 


.Schr.  "W. 


In  the  United  States  District  Court,  District  of  Alaska. 
Special  July  Term,  Sept.  15th,  1887. 

United  States  )  No.    84.     Findings  and  Con- 

g^Schi.    "  W.  P.  Sayward."  f     ^'"«'«"^  ""^  ^aw. 

This  cause  having  been  tried  and  submitted,  the  Court 
upon  evidence  finds  the  following  fact  and  conclusion  of 
law. 

First.— That  on  the  9th  day  of  July,  1887,  and,  thereto- 
fore, the  master  aud  crew  of  defendant  vessel  were  en- 


IM 


(Exhibit  Nm.  >i5.) 

^aged  in  killine  and  did  kill  fur  seals  in  that  portion  of 
Rehi-ing  Sea  ceded  by  Kiissiu  to  the  United  States  by  the 
Treaty  of  March,  ISrt",  and  witliin  the  waters  of  Alaska  in 
violation  «»f  Section  l!»r>r.  of  the  liHvised  Statutes  of  the 
United  States,  and  that  the  proiniscuoiis  shooting  of  fur 
hearing  animals  in  the  waters  adjacent  to  the  islands  of 
Saint  Paul  and  St.  (Jeorge  and  in  that|»ortionof  Behring's 
10 Sea  east  of  I'.cid  de>>reo  of  west  longitude  has  a  tendency 
to  frighten  and  i»revent  the  said  animal  from  going  upon 
those  'stands  as  tliey  have  been  accustomed  in  the  past. 

Sect,  id.— That  on  the  said  !tth  day  of  July,  iss".  said 
vessels,  her  furniture,  apparel,  tackle,  cargo  and  477  fur 
seal  skins  were  seized  in  said  waters  by  the  commanding 
officer  of  the  United  States  Revenue  Cutter  "  Rush"  then 
and  there  engaged  in  the  Revenue  Marine  Service  of  tin* 
United  States. 

Third.— That  said  commanding  officer  was  duly  com- 
20  missioned  by  the  President  of  the  United  States,  and 
made  such  seizure  under  the  direction  and  by  the  au- 
thority of  the  Treasury  Department  of  the  United  States. 

Fourth.— That  said  property  so  seized  was  delivered  by 
said  commanding  officer  of  said  cutter  to  the  Uniteil 
States  Marshal  of  the  District  of  Alaska,  and  is  now 
within  the  jurisdiction  of  the  Court. 

As  conclusions  of  ]?,  .tr.  the  Court  finds  that  the  Plaintiff 
is  entitled  to  a  decree  of  forfeiture  against  said  vessel,  her 
tackle,  apparel,  furniture,  cargo  and  the  said  477  fur  seal 
joskins. 

Dated  Sept.  10,  1887. 

LAFAYETTE  DAWSON, 

Dist.  Judge. 

In  the  United  States  District  Court,  District  of  Alaska, 
Special  July  Term,  Sept.  ISth,  18S7. 

United  States 
vs. 
Schr.  "  W.  P.  Sayward. 

At  this  time  comes  W.  Clark,  proctor  for  claimant  and 
moves  the  Court  to  arrest  the  decree  of  forfeiture  in  said 
cause  for  the  following  reasons,  to  wit: 

1st. 
That  the  libel  of  information  herein  does  not  state  facts 
sufficient  in  law  to  enable  the  United  States  to  have  and 
maintain  this  action  for  the  forfeiture  of  the  property 
seized  herein. 

2nd. 
50     That  the  evidence  produced  on  the  part  of  the  United 
States  in  this  cause  is  not  sufficient  upon  which  to  base  a 
decree  of  forfeiture. 

3rd. 
That  from  the  evidence  produced  on  the  part  of  the 
United  States  it  appears  that  the  Court  has  no  jurisdic- 
tion over  the  subject  matter  of  this  cause. 

4th. 
That  the  Act  of  Congress  under  which  the  seizure  herein 
,  was  made  is  contrary  to  the  spirit  of  international  law  and 
°  nltra  vires  is  that  it  purports  to  give  to  the  United  States 
jurisdiction  over  a  portion  of  the  high  .seas  more  than 
three  marine  leagues  from  its  shores  and  ]iurports  to  es- 
tablish an  international  boundary  line  in  said  ocean  with 
no  definite  terminal  points  and  impossible  to  determine 
by  absolute  measurement  or  clearly  defined  by  marks. 


40 


No.  84.     Motion  in  Arrest. 


ilW 


180 

(Exhibit  No.  «5.) 

Therefore  claimants  pray  that  said  decree  may  be  forever 
arrested  and  their  cause  dismissed. 

W.   CLARK, 

Proctor  for  Claimants. 


In  the  United  States  District  Court,  District  of  Alaska, 
lo  Special  Jury  Term,  Sept.  15,  1887. 

United  States  1 

vs.  I  No.  84.  Motion  in  A  nest. 

Schr.  "  W.  P.  Sayward."  ) 

At  this  time  comes  W.  Clark,  Esq.,  proctor 


for 


Claim- 
ant and  files  a  motion  in  arrest  of  the  decree  of  for- 
feiture in  said  cause,  which  motion  was  denied  by  theCourt 
and  the  following  decree  of  forfeiture  was  ordered,  viz. : 


20 


Schr. 
G. 


D 


United  States 
vs 
'W.    p.    Sayward"     and  , 
Warren  and  A.  Laing.      J 


j-No.  84.     Decree. 


The  Marshal  having  returned  on  the  Monition  issued  to 
him  in  the  above  entitlefi  action,  that  in  obedience  thereto 
he  has  attached  the  f^aid  schooner  "  W.  P.  Sayward," 
her  tackle,  apparel,  boats,  cargo  and  furniture  and  Proctor 
for  Claimants  on  behalf  of  said  owners,  having  waived 
said  owners  right  to  publication  and  posting  of  the  notice 
of  the  libel  and  seizure  and  also  time  of  hearing,  and  has 

^  given  due  notice  to  all  persons  claiming  the  same  to  appear 
before  this  Court  on  the  l!>th  day  of  September,  1887,  at 
11  o'clock  A.  M.,  at  the  District  of  Alaska,  United  States 
of  America,  then  and  there  to  interpose  their  claims  and 
make  their  allegation  in  that  behalf,  and  George  R.  Ferry, 
said  captain  of  said  vessel,  having  heretofore  filed  a  claim 
to  all  of  said  property  in  behalf  of  J.  D.  Warren  and 
Andrew  Laing,  of  Victoria,  B.  C,  and  no  other  persons 
having  appeared  and  no  other  claims  or  allegations  having 
^  been  made  or  filed  by  any  other  person  or  persons,  and 
the  usual  proclamations  having  been  made  and  said  cause 
having  been  heard  this  day  by  consent  of  parties  on 
the  pleadings  and  proof,  M.  D.  Ball,  United  States  District 
Attorney,  by  A.  K.  Delaney,  Esq.,  of  Counsel,  in  that  be- 
half appearing  as  an  advocate  for  the  said  libellant,  and 
W.  Clark,  Esq.,  as  advocate  for  said  Claimants,  and  said 
cause  having  beau  submitted  to  the  Court  for  decision  and 
due  deliberation  being  had  in  the  premises,  and  the  Court 
having  filed  his  findings  and  conclusions  of  law  herein,  it 

cqIB  now  ordered  sentenced  and  decreed,  as  follows: 

First— That  all  persons  whomsoever  other  than  said 
claimants  be,  and  they  are  hereby  decreed  in  contumacy 
and  default. 

Second — That  said  schooner  "  W.  P.  Sayward,"  her 
tackle,  apparel,  boats  and  furniture  r"d  her  cargo  of  477 
fur  seal  skins,  now  in  the  custody  of  the  Deputy  United 
States  Marshal  at  Ounalaska,  and  all  property  found  upon 
or  appurtenant  to  said  schooner  be,  and  the  same  are 
hereby  condemned  as  forfeited  to  the  use  of  the  United 
^ostfttes. 

Third — That  unless  an  appeal  be  taken  to  this  decree, 
within  the  time  limited  as  prescribed  by  law  and  the  rules 
of  Court,  the  usual  writ  of  venditioni  exponas  he  issued 
to  the  Marshal  commanding  him  to  sell  all  the  said  prop- 
erty and  bring  the  proceeds  into  this  Court  to  be  dis- 


131 


20 


(Exhibit  No,  65.) 

tributed  according  to  law.    Costs  to  be  taxed  and  awarded 
against  said  claimant. 
Dated  September  19,  1887. 

Sgd.  LAFAYETTE  DAWSON, 

District  Judge. 

In  the  United  States  District  Court,  District  of  Alaska, 
,0  Special  July  Term,  Sept.  15th,  1887. 

United^States  ^  ^^    ,^    ^^^.^^^  f^^.  ^^^^ 

British  Schr.  "W.  P.  Sayward."  )     «*  Proceeding. 

And  now  comes  W.   Clark,  proctor  for  claimant  and 
moves  the  Court  to  grant  a  stay  of  proceedings  herein  to 
enable  claimants  to  bond   the  property  seized  herein,  if 
they  desire  to  do  so. 
Dated  at  Sitka,  this  3rd  day  of  October,  A.  D.  1887. 

W.  CLARK, 
Proctor  for  Claimants. 

In  the  United  States  District  Court,  District  of  Alaska, 
Special  November  Term,  Dec.  J>,  1887. 
United  States  1  No.  84.     Motion  filed   by  W. 

[      Clark,     Esq.,    Proctor     for 
[      Claimant,  for  a  stay  of  pro- 
Schr.  "  W.  P.  Sayward."  J      coedings  for  3  months. 
It  is  considered  and  ordered  by  the  Court  that  the  motion 
,o  be  overruled. 

In  the  United  States  District  Court,  District  of  Alaska, 
Special  November  Term,  Dec.  0,  1887. 
United  States  ) 

r.s.  }  No.  81. 

Schr.  "  W.  P.  Sayward."  ) 

And  now  comes  W.  Clark,  proctor  for  claimants,   and 
prays  the  Court  for  leave  to  appeal  this  cause  to  the  Su- 
preme Court  of  the  United  States,  oi-  such  other  Court  as 
40  may  have  appellate  jurisdiction  over  the  subject  matter  of 
this  cause. 

W.  CLARK, 
Proctor  for  Claimants. 

And  afterwards,  to  wit,  on  December  9,  1887,  claimants 
filed  petition  for  Ictive  to  i.j  peal,  in  said  cause,  which  is  in 
words  and  figures  followin<r  io  wit: 

In  the  United  Staten  District  Court  for  the  District  of 

Alaska. 


50 


The 


United   States 
vs. 
British  Schoot.er 
\v^.  P.  Sayward." 


r 

I 

I 


o.    si.      Petition 
Appeal. 


for    leave    to 


And  now  comes  W.  Clark,  Proctor  for  claimants, 
pravs  theCourt  for  leave  to  appeal  this 


and 


cause  to  the 
?nie  Court  of  the  United  States  or  such  other  Court 
as    may    have    appellate    jurisdiction  over   the   subject 
matter  of  this  cause. 
60  W.  CLARK^ 

Proctor  for  Claimants. 

(Endorsed)— No.  84.— United  States  vs.  Schi^oner  "  W.  P. 
Sayward." — Petition  for  leave  to  Appeal.— Filed  Dec. 
9,  1887.— H.  E.  Haydon,  Clerk.— W.  Clark,  Proctor 
for  Claimants. 


u 


^m 


132 


ilis 


No  84.  Order  for  sale 
of  Schr. 


(Exhibit  No.  «5.) 

And  afterwards,  to  wit,  on  December  12,  1887,  the  fol- 
lowing further  proceedings  were  had  in  said  cause,  and 
appear  of  record,  which  are  in  words  and  figures  follow- 
ing, to  wit: 

The  United  States  1 

vs.  I 

The  Schooner  "  W.  P.  Sayward,"  1^ 

•o     her  cargo,  boats,  tackle,  apparel,  | 
and  furniture.  J 

It  is  ordered  by  the  Court  that  the  United  States  Mar- 
shal for  the  District  of  Alaska,  sell  the  Schooner  "  W.  P. 
Sayward,"  her  boats,  tackle,  apparel,  furniture  and  cargo 
of  four  hundred  and  seventy-four  fur  seal  skins,  seized 
and  condemned  by  the  decree  herein  as  forfeited  to  the 
United  States,  and  to  secure  a  better  market  said  Marshal 
is  authorized  to  take  said  property  out  of  the  District  of 
Alaska  and  to  Port  Townsend,  Seattle,  or  Tacoma   on 

^°Puget  Sound,  in  the  District  of  Washington  Territory, 
and  there  make  said  sale,  after  having  advertised  the 
time  and  place  thereof  as  required  by  law  for  at  least 
thirty  days,  and  that  he  pay  out  of  the  proceeds  of  said 
sale,  the  costs,  and  expenses  of  insuring,  caring  for,  trans- 
portation and  sale  of  said  property,  and  apply  the  balance 
of  said  proceeds  as  requiied  by  law,  and  report  to  this 
Court  his  doings  in  the  premises. 


30 


(Endorsed)- 
Alaska. 


No.  84.— In  the  U. 
—United  States  vs. 


S.  Dist.  Court, 
Schooner  "  W. 


Dist.  of 
P.    Say- 


ward—Order  for  sale  of  Schooner,  cargo,  etc. — Filed 
Dec.  1-2,  18S7. 

H.  E.  HAYDON. 

Clerk. 


And  afterwards,  to- wit.  on  April  14th.  1S88,  claimants 
filed  motion  for  renewed  leave  to  appeal  in  said  cause, 
which  is  in  words  and  figures  following,  to  wit: 

IN   THE   UNITED   STATES    DISTRICT  COURT  FOR 
4°  THE  DISTRICT  OF  ALASKA. 

Hon.  Lafayette  Dawsox,  Judye. 
Special  Term. 
The  United  States,  Pltf.," 

mi       T.   i.-  'i*'  t        •  No.  84.     Motion    for    renewed 

The    British  -American         ^^^^^  ^^  ^ 

Schooner  "  W.  P.  Say-  |  ^^ 

ward"  and  Cargo,  Deft.  J 

Comes  now  H.  P.  Berry,  Proctor  intervening  foi-  and  in 
50  behalf  of  the  owners  and  claimants  of  the  above  named 
vessel  and  cargo,  and  prays  this  Honorable  Court  for  re- 
newed leave  to  appeal  said  cause  to  the  Supreme  Court  of 
the  United  States. 

M.  P.  BERRY, 

Proctor  for  Owners. 

(Endorsed)— No.  84.  In  the  United  Sta'^es  District 
Court  for  the  District  of  Alaska.  Hon.  Lalayette  Daw- 
son, Judge.  Special  Term.  The  United  States,  Plaintifif, 
,  I'S.  The  British-American  Schooner  W.  P.  Sayward  and 
Cargo,  Defts.  Motion  for  renewed  leave  to  appeal.  Filed 
in  open  Court,  April  14th,  1888. 

H.  E.  HAYDON,  Clfk 
M.  P.  BERRY,  Proctor. 


133 


(Exhibit  No.  65). 

And  afterwards,  to  wit,  on  April  14,  1888,  the  following 
further  proceedings  were  had  in  said  cause  and  appear  of 
record,  which  are  in  words  and  figures  following,  to-wit: 
In  the  matter  of  The  United  States  ) 

vs.  >  No.  84. 

Schooner  "  W.  P.  Say  ward."       ) 

Now  comes  M.  P.  Berry,  proctor  for  claimants,  and 
moves  the  Court  for  leave  to  file  motion  to  perfect  the  ap- 
peal to  the  Supreme  Court  of  the  United  States. 

It  is  considered  and  ordered  by  the  Court  that  the  mo- 
tion be  overruled. 

And  afterwards,  to  wit,  on  April  16,  1888,  the  following 
further  proceedings  were  had  in  said  cause  and  appear  of 
record,  which  are  in  words  and  figures  following,  to-wit: 
In  the  matter  of  the  United  States  i 

vs.  y  No.  84. 

'O      Schooner  "  W.  P.  Say  ward."     ) 

The  ruling  heretofore  made  on  April  14,  1888,  denying 
the  motion  for  leave  to  perfect  an  appeal  to  the  Supreme 
Court  is  hereby  rescinded,  the  prayer  of  petitioner  is 
granted  and  permission  is  given  to  appeal. 

•  And  on  the  same  day,  April  19th,  1888,  the  following 

M  further  proceedings  were  had,  and  appear  of  record  in  said 

cause,  which  are  in  words  and  figures  following,  to-wit: 
In  the  Matter  of  the  United  States  ) 
3°  vs.  V  No.  84. 

Schooner  "W.  P.  Sayward."       \ 

Now  comes  M.  F.  Berry,  proctor  for  claimants,  and 
moves  the  Court  for  leave  to  file  stipulation  for  appraised 
value  of  the  schooner  "  W.  P.  Sayward,"  her  tackle,  ap- 
parel, small  boats,  furniture,  arms  and  ammunition,  and 
cargo  consisting  of  477  fur  seal  skins. 

Upon  examination  of  the  stipulations  it  is  oidered  by 
the  Court  that  the  same  be  approved,  and  whereupon  the 
Court  issued  the  following  order,  viz: 

The  stipulations  of  the  claimant  herein  with  sufficient 
surety  having  been  filed  and  approved,  it  is  ordered  that 
th«  above-named  vessel  and  all  her  tackle,  apparel,  furni- 
tijie,  ai  ids  and  ammunition,  and  cargo  consisting  of  477 
txiv  scnl  skins,  received  in  this  port  by  the  United  States 
Mui'al  for  the  District  of  Alaska,  be  released  and  that 
thy.  -,!•  ne  be  turned  over  to  J.  D.  Warren,  Esq.,  Atty.  in 
f,xc'(,  lor  rhe  claimant  herein. 

(Signed)    LAFAYETTE  DAWSON. 

District  Judge. 

The  Clerk  of  the  Court  was  ordered  to  issue  orders  on 
the  United  States  Marshal,  for  the  District  of  Alaska,  to 
deliver  the  schooner  "W.  P.  Sayward  "and  her  cargo  to 
J.  D.  Warren,  Esq.,  Atty.  in  fact  for  the  claimant  herein. 

Seattle,  Wash.  Terr.,  March  31,  1888. 
To  Captain  James  Douglas  Warren, 

Atty.  in  fact  for  Thos.  Henry  Cooper, 
Managing  owner  of  the  following  named  vessels,  i.e.: 
Steam  Schooner  "  Anna  Beck,"  Sclir.  "  W.  P.  Sayward," 
Steam  Schr.  "  Dolphin,"  Steam  Schr.  "Grace." 
Sir: 
This  is  to  certify  that  we  'he  undersigned,  have  sub- 
scribed to  certain  bonds  for  the  appraised  value  of  each  of 
the  above  named  vessels,  the  tackle,  apparel,  furniture, 
machinery  and  cargo,  all  of  which  is  to  be  filed  in  the 


40 


50 


134 


I 


(Exhibit  No.  65). 

District  Court  for  the  District  of  Alaska,  of  which  bonds 
certain  dates  were  blank  at  the  time  of  execution,  do 
hereby  authorize  you,  or  whosover  shall  present  the  said 
bonds  to  be  filed  in  the  said  District  Court  of  Alaska,  to 
fill  said  blanks  by  inserting  the  proper  dates  when  ascer- 
tained from  the  records  of  said  District  Court. 
Dated  at  Seattle,  Wash.  Terv.  the  Slst  day  of  March, 
101888. 

BAILEY  GATZERT. 
JACOB  FURTH. 

(Endorsed)— Canceled  by  order  of  the  U.  S.  District  Court 
of  Alaska. — See  Decree,  Journal  4,  Page  537. — 
Charles  D.  Rogers,  Clerk  U.  S.  District  Court. 


The  schot.iiOi' 
Thomas  F 
Fur  Seal  S. 
Whereas,  a  iin 


No.  84.  Stipulation 
for  A  p  p  r  aised 
Value. 


In   the  United  States    District   Court   in  and    for    the 

District  of  Alaska. 

20  United  States  "1 

versus  \ 

W.  P.  Say  ward"  and  [■ 

Cooper,   and   479  I 

of  information  was  filed  in  the  within 
cause  on  the  13th  day  of  September,  1887,  in  the  above 
c^urt  by  the  Hon.  M.  D.  Ball,  U.  S.  District  Attorney  for 
the  District  of  Alaska,  against  the  schooner  "  W.  P.  Say- 
ward,"  her  tackle,  apparel,  furniture  and  cargo,  foi-  the 

SOraasons  and  causes  in  the  said  libel  mentioned  and  set 
forth-,  and  whereas  a  decree  of  forfeiture  was  on  the  19th 
day  of  September,  1887,  rendered  against  the  said  vessel, 
her  tackle,  apparel,  furniture  and  cargo,  and  against 
Thomas  Henry  Cooper,  of  San  Francisco,  intervening  as 
the  sole  and  only  claimant  to  said  vessel,  tackle,  apparel, 
furniture  and  cargo;  and  whereas  the  said  vessel,  tackle, 
apparel,  furniture  and  cargo  are  now  in  the  custody  of  the 
U.  S.  Marshal  foi  the  said  District  of  Alaska,  under  process 
issued  from  tiiis  Court,  and  in  pursuance  of  the  prayer  of 

40  the  said  libel;  and  whereas  the  value  of  the  said  vessel,  her 
tackle,  apparel,  furniture  and  cargo  has  been  appraised  at 
S7,28i).50,  as  appears  by  the  report  of  the  appraisers  duly 
appointed  and  sworn  by  this  Court  and  on  file  herein;  and 
whereas  the  said  Cooper,  claimant  as  aforesaid,  is  desir- 
ous of,  and  purposes,  appealing  from  the  said  decree  of 
this  Honorable  Court. 

Now  therefore,  we  tiie  undersigned,  the  stipulators, 
submitting  ourselves  to  the  jurisdiction  of  this  Court, 
do    acknowledge    ourselves      to     be    bound    unto    the 

50  United  States  of  America,  the  said  claimant,  Thomas 
Henry  Cooper,  as  principal,  and  Bailey  Gatzert  and 
Jacob  Furth  as  sureties,  jointly  and  severally,  in  the  sum 
of  $7,289.50,  lawful  money  of  the  United  States,  hereby 
consenting  and  agreeing  that  a  summary  decree  may  be 
rendered  against  us,  and  each  of  us,  for  the  above  ap- 
praised value,  with  interest  thereon  from  this  date,  and 
that  execution  may  thereon  issue  against  our  goods,  chat- 
tels and  lands,  for  the  payment  thereof,  or  any  pait  thereof, 
shall  be  ordered   or  decreed.     Upon   condition,  neverthe- 

^°less,  that  if  the  undersigned  stipulators  shall  prosecute 
tiieir  said  api)eal  witiiout  unnecossai y  delay,  and  abide  by 
any  final  decree  that  may  be  rendered  by  the  Supreme 
Court  of  the  United  States  of  America,  to  which  this  cause 
be  api)ealed;  and  in  the  event  of  the  said  decree  of  this 
Honorable  Cou't  being  affirmed  by  such  Court  of  appel- 


135 


ss. 


(Exhibit  No.  65). 

late  jurisdiction,  then  if  said  stipulators  pay  the  amount 
named  in  this  stipulation  into  this  Court  this  stipulation 
to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 
Witness  our  hands  this  Slst  day  of  March,  A.  D.  1888. 
THOMAS  HENRY  COOPER, 
By  JAMES  DOUGLAS  WARREN,  his  Attorney 
in  fact. 
10  BAILEY  GATZERT, 

J.  FURTH. 
(Endorsed) — Canceled  by  order  of  the  U.  S.  District 
Court  of    Alaska. — See  Decree,   Journal  -t,  page  537. — 
Charles  D.  Rogers,  Clerk  U.  S.  District  Court. 

Territory  of  Washington,  ) 
Third  Judicial  District,     ) 
In  the  District  Court  of  the  Third  Judicial  District  hold- 
ing terms  at  Seattle. 
20     Bailey  Gatzert  and  Jacob  Fuith,  the  persons  named  in, 
and  who  subscribed  the  foregoing  undertaking  as  the  sure- 
ties thereto,  being  severally  duly  sworn,  each  for  himself 
says:  He  is  worth  the  amount  specified  in  said  undertak- 
ing as  the  p  . I, lity  thereof,  over  and  above  all  just  debts 
and  liabi'cies,  exclusive  of  property  exempt  from  ex- 
ecution. 

BAILEY  GATZERT, 
J.  FURTH. 
Subscribed    and  sworn    to    be- 1 
so     fore    me    this    31st    dav    of  J- 
March,  1888.  '         ) 

W.  E.  Ledgervvood, 
Clk.  Dist.  Court  3rd  Judicial  Dist.  of  Wash.  Ter. 
The  sufficiency  of  the  sureties  of  the  foregoing  bond  is 
hereby  ajtproved. 

R.  A.  J., 
District  Judge  Third  Judicial  District  of 
Washington  Territory. 
Approved  this  19th  day  of  April,  1888. 
40  LAFAYETTE  DAWSON, 

District  Judge, 

(Endorsed) — No.  8-i. — In  the  United  States  District 
Court  in  and  for  the  District  of  Alaska.  United  States 
vs.  Schooner  "  W.  P.  Say  ward." — Stipulation  for  appraised 
value  of  vessel  and  cargo. — Filed  and  approved  April  19, 
1888.— H.  E.  Haydon,  Clerk. 


50 


In  the  United  States  District  Court  in  and  for  the  District 

of  Alaska. 
The  United  States  1 


No.  84.      Bond 
for  Costs. 


VCVSHS 

The  Schooner  "  W.    P.    Say  ward"   and  j^ 

Thomas  Henry  Cooper,  and   479  Fur  | 

Seal  Skins.  J 

Know,  all  men,  by  these  presents:  That  we,  Thomas 
Henry  Cooper,  a  citizen  of  the  United  States  of  America, 
resident  of  San  Francisco.  California,  and  James  Douglas 
Warren,  of  the  City  of  Victoria,  British  Columbia,  my 
f'OlawCul  agent  and  attorney  in  fact,  and  Bailey  Getzert  and 
Jacob  Furth,  citiztMis  of  the  United  States  of  America, 
and  residents  of  the  City  of  Seattle,  in  Washington  Terri- 
tory, are  held  and  firmly  bound  unto  the  above  mentioned 
United  States  of  America,  in  the  sum  of  $300  lawful 
money  of  the  United  States,  to  be  paid   into  ihe  District 


136 

(Exhibit  No.  65). 

Court  in  and  for  the  District  of  Alaska,  or  unto  the  Clerk 
thereof,  upon  the  order  of  the  Judge  of  such  Court,  for 
the  payment  of  which  well  and  truly  to  be  made,  we  bind 
ourselves  and  each  of  us,  our  heirs,  administrators,  and 
executors,  jointly  and  severally,  firmly  by  these  presents. 
Sealed  with  our  seals,  and  dated  this  31st  day  of  March, 
1888. 
ID  Whereas,  In  the  U.  S.  District  Court  in  and  for  the  Dis- 
trict of  Alaska,  a  decree  of  forfeiture  having  been  declared 
in  the  above  entitled  action; 

Now,  therefore,  the  condition  of  the  above  obligation  is 
such  if  the  above  named  plaintiff  herein  recover  from  the 
defendants  the  costs  and  accrued  costs  in  said  action,  we, 
the  undersigned,  are  bound  unto  the  United  States  of 
America,  for  all  and  every  such  costs,  and  accrued  costs 
herein  related. 

THOMAS  HENFY  COOPER    [seal.] 
2o  By  .JAMES  DOUGLAS  WARREN, 

Jacob  Furth    [seal.]  His  Atty.  in  fact. 

J.  D.  WARREN         I  SEAL.] 
BAILEY  GATZERT   [seal.  | 
Approved  April  19,  1888. 

H.  E.  Haydon, 

Clerk. 

(Endorsed)— Cancelled  by  order  of  the  U.  S.  Dist.  Court  of 
Alaska.— See  Decree  Journal  4,  page  537. —Charles  D. 
Rogers,  Clerk  U.  S.  Dist.  Court. 


^   Territory  of  Washington,  ) 
Third  Judicial  District,     j 


ss. 


In  the  District  Court  of  the  Third  Judicial  District  holding 
terms  at  Seattle. 
Bailey  Gatzert  and  Jacob  Furth,  the  persons  named 
in  and  who  subscribed  the  foregoing  undertaking  as  the 
sureties  thereto,  being  severally  sworn,  each  for  himself 
says:  That  he  is  worth  the  amount  specified  in  said  under- 
taking as  the  j)enalty  thereof,  over  and  above  all  just 
40  debts  and  liabilities,  exclusive  of  property  exempt  from 
execution. 

BAILEY  GATZERT. 
JACOB  FURTH. 
Subscribed  a».d  sworn  to  before  me  ) 
this  31st  day  of  March,  1888.         ) 

W.  E.  Ledgerwood,  Clerk. 
The  sufficiency  of  the  sureties  of  the  foregoing  bond  is 
hereby  approved. 

R.  A.  J., 

50  Judge  of  the  District  Court,  Third  Judicial 

District  of  Washington  Territory. 

(Endorsed)— No.  84.— In  the  United  States  District  Court 

in  and  for  the  District  of  Alaska.  -United  S'-a-ies  vs. 

Schooner  "  W.  P.  Sayward." — Bond  for  costs.— Filed 

and  approved  April  19.  1888.— H.  E.   Haydon,  Clerk. 

And  on  the  same  day,  April  19th,  1888,  the  foUow^ing 
further  proceedings  were  had  and  appear  of  record  in  said 
cause  which  are  in  words  and  figures  following,  to  wit: 
60        In  the  Matter  of  the        1 

United  States  |  No.  84.    Withdrawing  sale 

vs.  I      of  cargo. 

Schooner  "  W.  P.  Say  ward."  J 

It  is  ordered  that  the  Marshal  withdraw  from  the  sale 
advei'tised  to  take  place  on  or  after  April  18, 1888,  the  cargo 


137 


No.  84. 


(Exhibit  No.  HS). 

of  the  schooner  "  W.  P.  Sayward."  consisting  of  477  fur 
seal  skins. 

In  the  Matter  of  the 
United  States 
vs. 
Schooner  "W.  P.  Sayward." J 
JO     It  is  ordered  that  the  Clerk  of  the  Court  prepare  a  certi- 
fied copy  of  the  registry  of  the  Schooner  "  W.  P.  Say- 
ward," and  file  the  same  with  the  exhibits,  and  deliver  the 
original  to  Oapt.  J.  D.  Warren. 

It  is  ordered  that  the  defendants  perfect  their  appeal  to 
the  Supreme  Court  of  the  United  States,  by  May  17th, 
1888,  or  as  soon  thereafter  as  the  mail  steamer  may  ar- 
rive. 

United  States  ) 

vs.  >  No.  84.    Affidavit  on  appeal. 

20    chr.  "  W.  P.  Sayward."  ) 

United  States,  District  of  Al-iska,  ss. 

Personally  appeared  before  me  the  undersigned  Clerk  of 
the  District  Court  in  and  for  the  District  of  Alaska  James 
Douglas  Warren,  who  being  first  duly  sworn  upon  his 
oath  says  he  is  the  duly  authorized  agent  for  plaintiff 
in  the  above  entitled  cause,  that  said  claimant  purposes 
appealing  said  cause  to  the  Supreme  Court  of  the  United 
States. 
That  he  purposes  prosecuting  said  appeal  with  due  dili- 
3°gence  and  without  unnecessary  delay.  That  he  is  appeal- 
ing said  cause  for  the  reason  that  he  feels  himself  ag- 
grieved and  injured  by  the  decree  of  the  District  Court 
rendered  herein  on  the  IDth  day  of  September,  A.  D. 
1887,  at  a  special  term  of  said  court. 

That  said  appeal  is  not  taken  for  vexatious  delay  or  to 
hinder  or  delay  the  United  States  in  obtaining  the  pro- 
ceeds of  the  said  decree  of  forfeiture  rendered  herein,  but 
that  the  law  and  the  facts  may  be  reviewed  by  the  said 
Superior  Court  and  that  this  appeal  is  made  by  affidavit 
'^'^for  and  in  behalf  of  said  claimant  James  Douglas  Warren. 
Subscribed  to  and  sworn  before  me  this  nineteenth  day 
of  April,  A.  D.  1888. 

[SEAL.]  H.  E.  HAYDON,  Clerk, 

U.  S.  Dist.  Court. 
(Endorsed.)— Filed  in  open  court   April  27th,    1888.— 
H.  E.  Haydon,  Clk. 

And  afterwards,  to- wit,  on  April  27,  1888,  the  follow- 
ing further  proceedings  were  had  in  said  cause  and  appear 
50  ot  record,   which  are  in  words  and  figures  following, 
to- wit: 

In  the  matter  of  the 
United  States 

t'S. 

Schooner  "W.  P.  Sayuaiu.'j 

Now^  comes  M.   P.    Berry,  proctor  for  claimant,  and 
moves  the  Court  for  leave  to  file  affidavit  on  appeal  and 
appeal  to  the  Supreme  Court  of  the  United  States.     It  is 
(5q  ordered  by  the  Court  that  leave  be  granted. 

United^States  )no.M.     Order  granting  ap- 

Schooner  "W.  P.  Sayward."  )     P®^'' 

Upon  hearing  and  filing  petition  of  M.  P.  Berry,  proc- 
tor intervening  for  and  in  oehalf  of  the  owner  of  the  above 


i-  No.  84. 


,  1 


ir 


138 


m 


20 


(Exhibit  No.  65). 

named  vessel,  and  cargo,  through  and  by  authority  of  J. 
D.  Warren,  Esq.,  the  duly  authorized  agent  of  the  said 
owner,  praying  for  sn  order  allowing  him  to  appeal  this 
cause  to  the  Supreme  Court  of  the  United  States,  and  upon 
hearing  and  filing  the  affidavit  of  J.  D.  Warren,  the  duly 
authorized  agent  for  claimant  in  the  above  entitled  cause, 
and  no  objection  being  raised  on  the  part  of  the  United 
ID  States,  and  sufficient  security  having  been  given  by  said 
claimant  that  he  will  prosecute  said  appeal  to  effect,  and 
being  fully  advised  in  the  premises,  it  is  ordered  that  said 
petition  be  granted  and  said  claimant  allowed  to  appeal 
this  cause. 
Done  at  Sitka,  Alaska,  this  27th  dav  of  April,  1888. 
(Signed)        LAFAYETTE  DAWSON, 

District  Judge. 

In  the  United  States  District  Court,  District  of  Alaska. 
Special  February  Term,  April  27th,  1888. 

United  States  )  No.  84.     Stipulation  for  costs 

vs.  >     given  by   Claimant  on  ap- 

Schr.  "  W.  P.  Say  ward."  )      peal. 

Whereas  a  libel  was  filed  in  this  Court  in  the  within 
cause  on  the  13th  day  of  September,  A.  D.  1887,  by  M.  D. 
Ball,  United  States  Attorney  for  the  District  of  Alaska 
against  the  Schooner  "  W.  P.  Sayvvard,"  her  tackle, 
apparel,  furniture  and  cargo  for  the  reasons  and  causes 
set  forth  and  mentioned  in  said  libel  of  information  and 
30  praying  that  the  same  may  be  condemned  and  sold. 

And  whereas  a  decree  of  forfeiture  was  on  the  lOth  day 
of  September,  A.  D.  1887,  made  against  the  said  vessel, 
her  tackle,  apparel,  furniture  and  cargo,  and  against 
Thomas  Henry  Cooper  of  San  Francisco,  California,  inter- 
vening as  the  sole  and  only  claimant  to  said  vessel,  tackle, 
apparel,  furniture  and  cargo. 

And  whereas,  the  said  Thomas  Henry  Cooper  claimant 
as  aforesaid  is  desirous  of  and  purposes  appealing  from  the 
said  decree  of  this  Hon.  Court  to  the  Supreme  Court  of 
40  the  United  States. 

Now,  therefore,  we  the  undersigned  stipulators  sub- 
mitting ourselves  to  the  jurisdiction  of  this  Court  do  ac- 
knowledge ourselves  as  being  bound  unto  the  United 
States  of  America  the  said  Thomas  Henry  Cooper  as  prin- 
cipal and  John  G.  Brady  and  Otto  Nelson  as  sureties 
jointly  and  severally  in  the  sum  of  three  hundred  dollara 
lawful  money  of  the  United  States  condit'Dued  that  if  the 
claimants  above  named  shall  pay  all  costs  and  expenses 
which  shall  be  awarded  against  him  by  the  final  decree  of 
50  the  Supreme  Court  of  the  United  States  not  to  exceed 
three  liundred  dollars  then  this  stipulation  to  be  void, 
otherwise  to  remain  in  full  force  and  effect. 

Witness  our  hands  this  IDth  day  of  April,  A.  D.  1888. 
(Sgd.)        THOMAS  HENRY  COOPER, 
By  M.  P.  BERRY,  his 

Attorney  of  Record. 

John  E.  Brady. 

Otto  Nelson. 
UNTfED   States,    ) 
60  District  of  Alaska,  ) 

Personally  appeared  before  me,  H.  E.  Haydon,  Clerk  of 
the  United  States  District  Court  for  the  District  of  Alaska, 
John  G.  Brady  and  Otto  Nelson,  who  being  duly  sworn 
each  for  himself  deposes  and  says  that  he  is  a  resident 
and  householder  in  said  district  and  that  he  is   worth  the 


ss. 


13l» 


1  No.  84  —Order  granting 
•d  "  [         appeal. 


(Exhibit  No.  «5.) 

sum  set  forth  in  the  foregoing  stipulation  above  his  just 
debts  and  liabilities  and  property  exempt  from  execution. 

(Sgd.)  JOHN  (>.  BRADY. 

OTTO  NELSON. 
Sworn  to  and  subscribed  the  19th  day  of  April,  1888. 
HENRY  E.  HAY  DON,  Clerk. 
[L.  s.  I  U.  S.  Dist.  Court. 

10 

In  the  United  States  District  Court,  District  of  Alaska. 

Special  February  Term,  April  28,  1888. 

United  States 

vs. 

Schr.    "  W.  P.  Say  wan 

and  Thos.  Henry  Cooper,  j 

Upon  hearing  and  filing  petition  of  M.  P.  Berrv  proctor 

intervening  for  and  in  behalf  of  the  owner  of  the  above 

named  vessel  and  cargo  through  and  by  authority  of  J. 

-°D.  Warren,  Esq.,  the  duly  authorized  agent  of  the  said 

owner,  praying  for  an  order  allowing  him  to  appeal  this 

cause  to  the  Supreme  Court  of  the  United  States  and 

upon  hearing  and  filing  the  afTidavit  of  J.  D.  Warren,  the 

duly  authorized  agent  of  claimant  in  tiie  above  entitled 

cause  and  no  objections  being  raised  upon  the  part  of  the 

United  States,  and  sufficient  security  having  been  given 

by  said  claimant  that  he  will  pro.secute  said  appeal  to 

effect  and  upon  being  fully  advised  in  the  premises,  it  is 

ordered  that  said  petition  be  granted  and  said  claimant  al- 

3°  lowed  to  appeal  this  cause. 

Done  at  Sitka,  Alaska,  this  27th  day  of  April,  1888. 
LAFAYETTE  DAWSON, 

Dist.  Judge. 

In  the  United  States  District  Court,  District  of  Alaska. 
Special  February  Term,  April  27th,  1888. 

United  States         ) 

vs.  y  No.  84. 

Schr.  W.  P.  Sayvvard.  ) 
•^°  It  is  hereby  stipulated  by  and  between  Whit.  M.  Grant, 
United  States  District  Attorney,  acting  for  and  on  behalf 
of  the  United  States,  and  M.  P.  Berry,  proctor  for  J.  D. 
Warren,  duly  appointed  and  constituted  agent  for  the 
owner  that  the  following  shall  be  omitted  from  the  tran- 
script hereunto  annexed,  namely: 

All  the  exhibits  referred  to  in  the  testimony  of  Captain 
L.  G.  Shepard. 

Sgd— WHIT.  M.  GRANT, 

U.  S.  Dist.  Atty. 
50  "      M.  P.  BERRY, 

Proctor  for  J.  D.  Warren,  Agt.  for  Owner. 

In  the  United  States  District  Court,  District  of  Alaska. 
Special  February  Term,  April  28th,  1888. 

United  States  1  No.  84. 

vs.  >•  Consent  that    vessel    be    dis- 

Schr.  "  W.  P.  Say  ward."  )        charged  on  stipulation. 

The  Schooner  "W.  P.  Say  ward "  her  small  boats, 
6o  tackle,  apparel,  arms,  amunition,  furniture  and  cargo  con- 
sisting of  477  fur  seal  skins  having  been  arrested  on  a  pro- 
cess issued  in  this  cause,  we  consent  that  on  filing  the 
usual  stipulation  entered  according  to  the  rules  of  the 
Court  to  appear,  abide  and  perform  the  decree  in  the  sum 
of  seven  thousand  two  hundred  and  sixty-eight  and  75-100 


Uuf^i 


140 


(Exhibit  No.  «5,) 
dollars,  and  on  filing  a  claim  and  on  complying  with  the 
rules  of  the  court  as  to  the  feea  of  the  officers  of  court  the 
said  schooner  bH  discharged  from  custody  and  arrest. 
Dated  April  lUth,  1888. 

WHIT.  M.  GRANT, 

Proctor  for  libel't. 

In  the  United  States  District  Court,  District  of  Alaska, 
lo  Special  February  Term,  April  27th,  1888. 

United  States 


No.  84.— Bill  of  exceptions. 


No.  4s-Certificate  of 


rs. 
The    Brit.    Amei-.     Schr. 
"W.  P.  Say  ward." 
Be  it  remembered  that  on   the  trial  of  this  cause  the 
same  being  the  19th  day  of  September,  1887.  in   the  Dis- 
trict Court  of  the  United  States,  for  the  District  of  Alaska, 
holden  at  Sitka,  in  the  aforesaid  District,  and  at  the  No- 
vember Term  thereof,   the  Government  do  sustain  the 
^°  issue  on  its  part,   offered  the  following  evidence  to  the 
Court,  viz: 

(Here  follows  the  evidence  of  Captain  Shepard,  Thomas 
A.  Benham,  David  A.  Hall,  Barton  Atkins,  U.  S.  Marshal 
and  refei'ence  to  evidence  of  Shepard  in  sealer  cases)  to 
which  the  defendants  then  and  there  objected  and  the 
objection  being  overruled  and  the  evidence  being  admitted 
the  defendant  then  and  there  excepted  to  the  ruling  of 
the  Court  and  the  law  as  declared  by  the  Court,  viz: 
(Here  follow  the  findings  of  facts  and  conclusions  of  law.) 
2°  To  all  of  which  the  defendant  then  and  there  objected. 
(Sgd.)    LAFAYETTE  DAWSON, 

Dist.  Judge. 

In  the  United  States  District  Court,  District  of  Alaska. 
Special  February  Term,  April  27th,  1887. 
United  States  ) 

vs. 
Schr.  "W.  P.  Sayvvaid.'M 

Transcript. 
40  I,  Henrj'  E.  Haydon,  Clerk  of  the  United  States  District 
Couit  in  and  for  the  District  of  Alaska,  hereby  certify 
that  I  have  compared  the  foregoing  transcript  with  the 
original  papers  in  the  above  entitled  action  now  on  file 
in  my  office,  and  with  all  orders  therein  made  and  entei-ed 
on  the  minutes  said  Court,  and  that  the  said  transcript  is 
correct. 

I  further  certify  that  a  sufficient  undertaking  on  appeal 
in  duo  form  of  law  was  on  the  19; h  day  of  April,  1888, 
properly  filed  in  said  cause. 
50  In  witness  whereof  I  have  hereunto  set  my  hand  and 
affixed  the  seal  of  said  District  Court  this  30th  day  of 
April  A.  D.  18SS. 

Sgd  H.  E.  Haydon,  clerk.  (S.) 

In  the  United   States  District  Court  in  and  for  the  Dis- 
trict of  Alaska. 
Special  February  Term,  Apiil  27th,  1888. 

United  States  1^  ^^  84.-Appeal  to  the 

6oSchr.    "  W.  P.   Sayward"   and  \     ^Tfi^^^A^f  ""^  u'  ^• 
Thomas  Henr/  Cooper.         J  ^  *he  Admiralty. 

To  the  Hon.  the  Supreme  Court  of  the  United  States  of 
America: 
The  appeal  of  the  above  named  appellant  respectfully 
sheweth  that  on  or  about  the  13th.  day  of  September  in 


141 


(Exhibit  No.  05.) 

the  year  1887  the  above  named  libellauts  United  States  of 
America  exhibited  their  Jibel  in  i..e  District  Court  of  the 
United  States  for  the  District  of  Alaska  against  the 
appellant  for  the  reasons  set  forth  in  the  said  libel  that  the 
appellants  might  be  condemned  to  pay  the  demands  of 
said  libellnnt  and  costs  in  said  libel  mentioned. 
That  process  issued  out  of  said  having  been  served  on 

10  the  appellant  he  did  on  or  about  the  loth,  day  of  Septem- 
ber 1887  file  his  answer  to  said  libel  in  said  District  Court 
praying  that  the  said  libel  be  dismissed  with  his  costs  in 
that  behalf  as  by  reference  to  said  libel  and  the  said  an- 
swer may  more  fully  appear. 

That  the  said  cause  came  on  to  be  heard  before  the  Hon. 
Lafayette  Dawson  Judge  of  the  said  District  Court  on  or 
about  the  l!»th.  day  of  September  18S7  upon  the  testimony 
and  proofs  adduced  bv  the  respective  parties  and  the  said 
Judge  having  advised  thereon  did  on  the  ll»th.  day  of  Sep- 

2otember  1SS7  made  his  decree  in  said  cause  whereby  it  was 
among  other  things  decreed  that  the  libellants  on  said 
cause  recover  against  the  appellant  a  decree  of  forfeiture 
against  said  vessel,  her  tackle,  apparel,  furniture,  cargo 
and  477  fur  seal  skins  as  by  reference  to  the  said  decree 
may  more  fully  appear.  And  the  appellant  is  advised  and 
insists  that  the  said  decree  is  erroneous  inasmuch  as  the 
Hon.  Court  at  such  sitting  did  not  declare  unconstitu- 
tional by  which  such  seizures  and  forfeiture  was  made. 
Wherefore  the  appellant  appeals  from  the  whole  of  said 

30  decree  of  said  Disti'ict  Court  of  the  United  States  and  re- 
spectfully prays  that  the  decree  of  said  District  Court  and 
the  the  bill,  an3wer,  pleadings,  evidence  and 

proceedings  in  the  said  cause  may  be  sent  to  the  Supreme 
Court  of  the  United  States  without  delay  and  that  the  said 
Supreme  Court  will  proceed  to  hear  the  said  cause  anew 
and  the  said  decree  of  the  District  Court  and  every  part 
thereof  may  be  reversed  and  a  decree  made  dismissing 
said  libel  with  costs  or  such  other  decree  as  the  said  Su- 
preme Court  shall  deem  just. 

4°     Dated  April  26th,  1888. 

M.  B.  BERRY, 

Sol'r  for  Appellant. 

And  afterward,  to-wit,  on  May  2d,  1888,  the  following 
further  proceedings  were  had  in  said  cause  and  appear  of 
record,  which  are  in  words  and  figures  following,  to-wit: 
In    the    matter    of    rulings     ~| 
made  in  the  case  of  ! 

The  United  States  [     ^     ^ , 

50  vs.  (  ■  "    ■ 

Schooner  "W.  P.  Sayward,"  | 
on  April  14  and  16,  1888.      J 

The  orders  of  these  respective  dates  are  hereby  rescinded 
so  as  not  to  effect  the  petitioner's  right  to  appeal  to  the 
Supreme  Court  of  the  United  States,  and  the  aforesaid 
orders  are  expunged  from  the  record. 

And  afterward,  to-wit,  on  July  18,  1888,  the  following 
further  proceedings  were  had  and  appear  of  record  in  said 
60 cause,  which  are  in  words  and  figures  following,  to-wit: 
United  States  ) 

vs.  \     No.  84. 

Schooner  *'  W.  P.  Sayward."' ) 

Comes  now  M.  P.  Berry,  Esq.,  attorney  for  Henry 
Thomas  Cooper,  and  moves  the  Court  for  leave  to  file  a 


i 


m^ 


|iif;( 


14B 


(Exhibit  No.  65.) 

motion  uhowiug  that  Henry  Thomas  Cooper  is  now  the 
sole  and  only  owner  of  the'schooner  "W.  P.  Say  ward" 
and  cargo,  which  schooner  and  cargo  was  decreed  as  for- 
feited to  the  United  States,  October  11,  18»7,  and  further 
prays  the  Court  that  the  record  in  the  above  entitled 
cause  be  amended  so  as  to  Hubstitute  the  name  of  Henry 
Thomas  Cooper,  instead  of  James  Douglas  Warren. 
10  Which  motion  was  considered  by  the  Court,  it  is  ordered 
that  the  same  be  filed  nunc-pro-tttuc,  and  that  the  name 
of  Henry  Thomas  Cooper  oe  interposed  as  the  actual 
owner  of  the  schooner  "  W.  P,  Say  ward  "  and  cargo. 

And  afterwards,  to  wit,  on  May  20,  1H8S,  the  U.  S.  Mar- 
shal made  the  following  return  in  said  cause,  and  it  ap- 
pears of  record,  which  is  in  words  and  figures  following, 
to  wit: 

In  the  matter  of  ] 

The  United  States  I  m^  o  , 

20  ys^  \  No.  84. 

Schooner  "  W.  P.  Sayward."  ! 

Now  rnnies  Barton  Atkins,  United  States  Marshal  for 
the  District  of  Alaska,  and  returns  the  writ  of  Venditioni 
Exponas  issued  by  order  of  this  Court,  February  10,  1888, 
and  makes  tiie  following  return  in  the  presence  of  Whit. 
M.  Grant,  United  States  District  Attorney,  that  prior  to 
the  date  of  sale  of  the  property  belonging  to  the  "  W.  P. 
Sayward  "  that  the  same  was  delivered  to  J.  D.  Warren, 
on  subsecjuent  order,  and  that  in  obedience  to  the  writ, 
3°  he  proceeded  to  Puget  Sound  with  the  Schooner  "  W.  P. 
Sayward,"  that  by  a  subsequent  order  of  this  Court  he 
did  deliver  the  said  vessel  to  her  owners  on  a  bond  issued 
to  this  Court. 

At  a  Stated  Term,'  to-wit,  the  special  July  Term,  1888,  of 
the  District  Court  of  the  United  States  of  America  in  and 
for  the  District  of  Alaska  held  at  the  Court  Room  in  the 
Town  of  Sitka,  on  Wednesday,  18th  day  of  July,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
eighty-eight. 

Present— The  Hon.  Lafayette  Dawson, 

Judge  United  States  District  Court. 
United  States  ) 

vs.  }  No.  84. 

Schr.  "W.  P.  Sayward."  \ 

Comes  now  M.  P.  Berry,  Esq.,  Attorney  for  Thomas 
Henry  Cooper,  and  moves  tlie  Court  for  leave  to  file 
a  motion  showing  that  Thomas  Henry  Cooper  is  now 
the  sole  and  only  owner  of  the  Schooner  "  W.  P. 
Sayward"  and  cargo,  which  schooner  and  cargo  was 
5°  decreed  as  forfeited  to  the  United  States  September  19th, 
Js87,  and  furtlier  prays  the  Court  that  the  record  in  the 
above-entitled  cause  be  amended  so  as  (o  substitute  the 
name  of  Thomas  Henry  Cooper  instead  of  James  Doug- 
las Warren. 

Which  motion  was  considered  by  tlie  Court:  It  is  or- 
dered tliat  the  same  be  filed  niinc-protnnc  and  that  the 
name  of  Thomas  Henry  Cooper  be  interposed  as  the  act- 
ual owner  of  the  Schooner  "  W.  P.  Sayward"  and  cargo. 
,  I  hereby  certify  that  the  foregoing  is  a  full,  true  and 
correct  copy  of  the  order  of  the  Court  entered  in  the 
above  entitled  cause. 

Attest  my  hand  and  seal  of  the  said  District  Court  this 
18th  day  of  July,  A.  D.  1888. 

[L.  s.]  HENRY  E.  HAYDON, 

Clerk. 


40 


143 


' 


(Exhibit  No.  «.5.) 

And  afterwards,  to  wit,*  on  July  18,  1888,  claimants 
flled  motion  to  substitute  name  of  owner,  nunc-pro-tunc 
in  said  cause,  which  ia  in  words  and  figures  following  to 
wit: 

In  the  United  States  District  Court  for  the  District  of 
Alaska. 

Hon.  L.  DAWSON, 
10  Judge. 


The  United  States,  Pitt'., 

vs. 

The  British  Columbia  Schooner 

"W.  P.  Say  ward,"  Deft. 


No.  84.     Motion  to  in- 
terpose the  name  of 
the  actual  owner  of 
said  vessel  defendant 
iiuncpro-tunc. 
Now  comes  Henry  W.  Cooper  and  shows  to  the  Court 
that  the  claim  of  ownership  in  tliis  cause,  is  the  name  of 
J.  D.  Warren,      That  the  interest  of  J.  D.  Warren  has 
-Obeeu  transferred  to  your  petitioner,  and  said  Warren  has 
no  further  interest  in  this  suit,  and  your  petitioner  asks 
to  have  his  name  substituted  as  claimant  and  defendant  in 
the  place  and  the  stead  of  the  said  J.  D.  Warren,  and  that 
said  substitution  be  entered  nunc-iiio-tunv,  as  of  the  Kith 
day  of  April,   issH.     The  same  bemg  an  open  Court  day 
of  the  Special  Term  of  this  Court,  February,  1888,  and 
that  tlie  Clerk  of  the  Court  be  instructed  and  ordered  to 
make  an  entry  accordingly  upon  the  Court  Journal  and 
Docket. 
30  HENRY  W.  COOPER, 

Non-resident,  by  M.  i'.  Berry, 

Attorney. 

(Endorsed)— No.  84.— In  the  United  States  District  Court 
for  the  District  of  Alaska. — In  Chambers. — Hon.  L. 
Dawson,  Judge. — Motion  to  substitute  the  name  of 
owner  nnnc-pro-tunc. — The  United  States,  Pltf.,  vs. 
The  British  Columbia  Schooner  "W.  P.  Savward," 
Deft.— Filed  July  IS,  1888.— H.  E.  Haydon,  Clerk.— 
40         M.  P.  Berry,  Atty. 

And  afterwards,  to  wit,  on  May  8th,  1889,  a  writ 
of  venditioni  exponas  was  issued  in  said  cause,  which, 
with  the  Marshal's  return,  is  in  words  and  figures  follow- 
ing, to-wit: 

In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska. 


50 


United  States 

V,i. 

Schooner  "  W.  P.  Say  ward,"  her  boats, 
tackle,  apparel  and  cargo. 


No.  84.  Writ  of 
Venditioni  Ex- 
ponas. 


The  President  of  the  United  States  of  America,  to  the 
Marshal  of  the  District  of  Alaska,  greeting: 
Whereas  a  libel  hath  been  filed  in  the  District  Court  of 
the  United  States  for  the  District  of  Alaska,  on  the  15 
day  of    Sept.   in  the  year  of  our    Lord  one  thousand 
eight  hundred  and  eighty  seven,  by  M.  D.  Ball,  Uiiited 
States  District  Attorney,  against  the  schooner  "  W.  P. 
Saywavd,"  her  tackle,  apparel,  and  furniture  and  cargo 
do  civil  and  maritime,  for  the  reasons  and  causes  in  the  said 
libel  mentioned,  and  praying  the  usual  process  and  moni- 
tion of  the  said  Court  in  that  behalf  to  be  made,  and  that 
all  persons  interested  in  the  said  schooner,  her  tackle, 
apparel,  and  furnitui-e  and  cargo  may  be  cited  in  general 
and  special  to  answer  the  premises  and  all  proceedings 


rrr- 


144 


(Exhibit  No.  (i5.) 

being  had  that  the  said  schooner  her  tackle,  etc.,  may  for 
the  causes  in  the  said  libel  mentioned  be  condemned  as 
forfeited  to  the  ose  of  the  United  States,  and  praying 
that  the  same  may  be  condemned  and  sold  to  answer  the 
prayer  of  the  said  libellants,  and  whereas  the  said 
schooner  and  cargo  have  been,  attached  by  the  process 
issued  out  of  the  said  District  Couit  in  pursuance  of  the 
10 said  libel  and  are  now  in  custody  by  virtue  thereof,  and 
such  proceedings  have  thereupon  had  that  by  definite 
sentence  and  deci-ee  of  said  Court  made  and  pronounced 
on  the  1!»  day  of  September,  18S7,  and  an  order  of  the 
said  Court  in  this  cause  made  on  the  12th  day  of  Decem- 
ber, 18H7,  the  said  vessel,  her  tackle,  apparel  and  furni- 
ture, and  cargo  consisting  of  four  hundred  and  seventy 
sev^n  (477)  fur  seal  skins,  were  ordered  on  the  said  12th 
day  of  December,  18S7,  to  be  sold  by -you  the  said  Marshal 
on  Puget  Sound  in  Washington  Territory,  after  giving  at 
2o  least  3(»  days"  notice  of  such  sale,  and  that  you  pay  the 
proceeds  of  such  sale  to  the  Clerk  of  this  Court,  as  re- 
quired by  law. 

Now  therefore  you  will  execute  said  decree  and  order 
and  return  this  writ  and  report  the  manner  in  which  you 
have  executed  this  order  to  the  Court. 

Witness,  the  Honorable  La  Fayette  Dawson,  Judge  of 

said  Court,  at  the  city  of  Sitka,  in  the  District  of  Alaska, 

this  12th  day  of  December,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  eighty-seven,  and  of  our  in- 

30  dependence  the  one  hundred  and  twelfth. 

H.  E.  HAYDON, 

Clerk, 
District  of  Alaska. 
I  hereby  certify  and  return  that  in  obedience  to  the 
within  order  I  did  proceed  to  Puget  Sound   with  the 
Schooner  "  W.  P.  Say  ward,"  on  the  1  Ith  day  of  January, 
18S8,  but  that  by  a  subsequent  order  of  this  Court  I  did 
deliver  the  said  vessel  to  her  o\  'ners  on  a  bond  issued  to 
this  Court. 
40  BARTON  ATKINS, 

U.  S.  Marshal. 
(Endorsed)— Nu.  S4.— The  United  States  vs.  Schooner  "  W. 
P.    Sa^^ward." — Writ    of    Vendif km i  Exponas. — Re- 
turned and  filed  May  8,  188l>.— H.  E.  Haydon,  Clerk. 

In  the  L^nited  States  District  Court,  District  of  Alaska. 
In  Chambers. 
Sitka,  Alaska,  December  30,  1887. 
In  the  matter  of  seal  skins  1 
5°     seized  on  board  of  vessels  >■  No.  84. 
in  Behring  Sea.  ) 

The  order  heretofore  made  on  the  12th  day  of  Decem- 
ber, 1887,  for  the  United  Spates  Marshal  to  sell  the  seal 
skins  seized  on  board  the  schooner  •*  W.  P.  Say  ward  "  at 
some  place  on  Puget  Sound  is  hereby  revoked,  and  it  is 
ordered  by  the  Court  that  said  skins  be  sold  at  Sitka,  in  the 
District  of  Alaska. 

(Signed)  LAFAYETTE  DAWSOiN, 
gQ  District  Judge. 

The  United  States  of  America. 


District  of  Alaska,  ss. : 
I,  H.  E.  Haydon,  Clerk 


of  the  United  States  District 


Court  of  Alaska,  do  hereby  certify  that  the  foregoing  copy 
of  the  order  of  the  Court  relative  to  the  seal  skins  made 


14S 


20 


(Exhil)it  No.  «5.) 

on  the  30th  day  of  Dev^ember.  1887,  has  been  by  me  com- 
pared with  the  original  and  that  it  is  a  correct  transcript 
therefrom,  and  of  the  whole  of  such  orig;inal  as  the  same 
appears  on  record  at  my  office  in  my  custody. 

In  testimony  whereof  I  have  hereunto  set  my  liand  and 
affixed  the  seal  of  said  Court  at  Sitka,  in  said  District, 
this  7th  day  of  February,  1888. 
10  H.  E,  HAYDON. 

Clerk. 
District  of  Alaska: 

I  hereby  certify  and  return  that  prior  to  tho  date  of  sale 
of  the  within  named  property  belonging  to  the  "  W.  P. 
Say  ward,"  that  the  same  was  delivered  to.I.  B.  Warren 
on  a  subsequent  order  of  the  Court 

BARTON  ATiriNS, 

U.  S.  iHarshal. 
(Endorsed)— No.  84.— Sealskins  seized  with  Schr.  "  W.  P. 
Say  ward.  "-Returned  and  filed  May  8,  188!>.— H.  E. 
Haydon,  Clerk. 

At  a  stated  term,  to-vvit,  the  Special  February  term. 
A.  D.  1887,  of  the  District  Court  of  the  United  States  of 
America,  in  and  for  the  District  of  Alaska,  held  at  the 
Court  Room  in  the  town  of  Sitka,  on  Thursday,  the  19th 
day  of  April,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  eighty-eight. 
Present.— The  Honorable,  Lafayette  Dawson. 
30  Judge  LT.  S.  Di.strict  Court. 

In  the  matter  of  the  Cargo  ) 

of  the  --  N(.>  S4. 

Schooner  "  W.  P.  Say  ward."  ) 

It  is  ordered  that  the  Marshal  withdraw  from  the  sale 
advertised  to  take  place  on  or  after  April  is,  188S,  the 
cargo  of  the  Schooner  "  \V.  P.  Sayward,"  consisting  of 
479  fur  seal  skins. 

I  hereby  certify  that  the  foregoing  is  a  full,  true  and 
40  correct  copy  of  the  order  of  the  Court  in  the  matter  of  the 
cargo  of  the  schooner  "W.  P.  Sayvvard,"  entered  in  the 
above  entitled  cause. 

Attest  my  hand  and  seal  of  said  District  Court,  this 
19th  day  of  April,  A.  D.  isss. 

H.  E.  HAYDON, 

Clerk. 
Dist.  of  Alaska. 

I  hereby  certify  and  return  that  the  cargo  belonging  to 
the  schooner  "  W .  P.  Sayward,"  as  herein  described,  was 
50  withdrawn  from  the  Mai-shal's  sale  of  April  l!>,  1888. 

BARTON  ATKINS, 

U.  S.  Marshal, 
(Endorsed)— No.    84.— U.   S.  Circuit  Court.— District    of 


Alaska.— Schr.  "  W.  P.  Sayward. 
— H.  E.  Haydon,  Clerk. 


Filed  May  8,  1889. 


At  said  stated  term,  to-wit:  The  Special  February 
Term,  A.  D.,  1888,  of  the  District  Court  of  the  United 
States  of  America,  in  and  for  the  District  of  Alaska,  held 
60  at  the  Court  Room,  in  the  town  of  Sitka,  on  Thursday, 
the  19th  day  of  April,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  eighty-eight. 
Present—The   Honorable  Lafayktte  Dawson, 

Judge  V.  S.  District  Court. 


i 

1^ 

■1.' 

^^ .  ^ 

14« 


(Exhibit  No.  05.) 

In  the  matter  of  the  United  States  ) 

vs.  >  No.  84. 

The  Schooner  "W.  P.  Sayward."  ) 
To  the  Marshal  of  the  District  of  Alaska. 
Sir: 
The  above  named  vessel  and  all  her  tackle,  apparel,  fur- 
niture, arms  and  anininnition  and  cargo  consisting  of  479 
JO  fur  seal  skins,  that  have  been  received  by  you  in  this  port 
having  been  bonded,  and  ordered  released  by  the  Judge  of 
the  above  Court,  you  will  therefore  discharge  the  said 
vessel,  her  tackle,  ap])arel,  furniture,  arms,  ammunition 
and  cargo  consisting  of  47!«  fur  seal  skins,   so  received  by 
you.  and  deliver  the  same  to  J.  D.  Warren. 

I  hereby  certify  tliat  the  foregoing  is  a  full,  true  and 
coviect  copy  of  the  order  of  the  Court  in  tiie  case  of  the 
U.  S.  r.s'.  Scliooner  'W.  P.  Sayward,"  entered  in  the 
above  entitled  cause. 
20  Attest  my  hand  and  seal  of  said  District  Court  this  ll>th 
dav  of  April,  A.  D.  isss. 

H.  E.  HAYDON, 

Clerk. 
Dist.  of  Alaska. 

I  hereby  ceitify  and  reiijru  that  the  schooner  "W.  P. 
Say waid  "  was  delivered  to  J.  D.  Warren,  in  accordance 
with  this  order  of  the  Court. 

BARTON  ATKINS, 

U.  S.  Marshal. 

3° (Endorsed I— No.  S4.— U.  S.  Circuit  Court.  District  of 
Alaska.— Ordei  to  discharge  Sch.  "  W.  P.  Sayward." 
—Filed  May  s,  l^Wt.— H.  E.  Haydon,  Clerk. 


United  States  of  America,  ss. 
The  President  of  the  United  States  of  America, 
To  the  Honorable  Judge  of  the   District  Court  of  the 
[l.  S.J      United  States  for  the  District  of  Alaska,  Greet- 
ing: 

40  Where.as,  lately  in  the  District  Court  of  the  United 
States  for  the  District  of  Alaska,  before  you,  in  a  cause 
between  the  United  States,  libellant.  and  the  Schooner 
"W.  P.  Sayward,"  her  tackle,  ap|)arel,  furniture  and 
cargo,  Thon\as  Henry  Cooi)ei'.  owner  and  claimant, 
wherein  the  decree  of  the  said  District  Court  entered  in 
said  cause  on  the  \'Mh  day  of  September,  A.  D.  18S7,  was 
in  favor  of  the  said  libellant  the  United  States,  and  against 
the  said  claimant,  as  by  inspection  of  the  transcript  of  the 
record  of  the  said  District  Court,  which  was  brought  into 

SO  the  Supreme  Court  of  the  United  States  by  virtue  of  an 
appeal,  agreeably  to  the  act  of  Congress,  in  such  cases 
made  and  provided,  fully  and  at  large  appears. 

And  whereas,  in  the  present  term  of  October,  in  the 
year  of  our  r.ord  one  thousand  eight  hundred  and  ninety 
of  the  said  Supreme  Court,  this  cause  having  been  called 
to  the  attention  of  the  Com  t  l)y  Mr.  Caldron  Carlisle,  and 
a  motion  by  counsel  for  ajipellant  to  dismiss  this  cause 
having  been  filed  Therefore,  in  pursuance  of  said  motion, 
it  is  now  ordered,   adjudged  and  decreed  by  this  Court 

^°that  this  appeal  be,  and  the  same  is  hereby,  dismissed. 

January  12,  181)1. 
Vou,  therefoie,  are  commanded  that  such  proceedings 
be  had  in  said  cause,  as  according  to  right  and  justice, 
and  the  laws  of  the  United  States  ought  to  be  had,  the 
said  appeal  notwithstanding. 


147 


'vM 


(Exhibit  No.  65.) 

Witness  the  Honorable  Melville  W.  Fuller,  Chief 
Justice  of  said  Supreme  Court,  ti:e  ii5th  day  of  May,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
ninety-two. 

JAMES  H.  McKENNEY, 
Clerk  of  the  Supreme  Court  of  the  United  States. 
(Endorsed) — No.  H4.— Supreme  Court  of  the  United  States 
10         —No.  eyy,  October  Term,  18!»0— The  Schooner  "W.  P. 
Say  ward,"  etc.  v  The  United  States— Mandate— Filed 
June  18,  1892.— N.  R.  Peckinpaiigh.  Clerk. 
And  afterwards,  to  wit,  on  December  5th,  18»2,  the   fol- 
lowing further  proceedings  were   had   in  said   cause  and 
appear  of  record,  whicli  are  in  words  and  figures  follow- 
ing, to- wit: 

In  the  United  States  District  Court  for  the  District   of 

Alaska. 
The  United  States  ) 

20  rs. 

The  Schooner  "W.  P.  Say  ward."  ) 

And  now  it  appearing  to  the  Court  fi'orn  the  mandate  on 
file  in  this  cause,  that  the  Supreme  Court  of  the  United 
States  did,  on  the  2!»th  day  of  February,  18}>2,  confirm  the 
decree  of  this  Court  heretofore  rendered  in  the  above  en- 
titled action  and  remand  the  same  for  further  proceedings. 
And  it  further  appearing  from  the  records  and  files  of 
this  Court  that  all  pioceedings  were  stayed  pending  said 
decision  of  the  Supreme  Court,  in  the  following  entitled 
3°  cases,  viz. : 

No.  SI.  The  United  States  rs.  The  Schooner  "Lilly  L  " 
No.   84.  The  United  States  vs.  The   Schooner  "  W.  P. 
Savward." 

No.   85.    The  United  States    vs.   The  Schooner  "San 
Diego." 
No.  85. 
No.  87. 
Alger." 
No.  sy. 
40  Annie." 
No.  9L 
No.  102. 
Dolly." 

And  that  in  each  of  said  causes  decree  of  forfeiture  were 
heretofore  rendered  by  this  Court,  and  that  all  of  said  ves- 
sels, their  tackle,  apparel,  fuiniture  and  cargo  wtMe  re- 
leased upon  stipulations  and  bonds. 

It  is  therefore  hereby  ordered  that  tlie  United  States 
Attorney  prepare  and  that  the  Clerk  of  the  Court  cause  to 
5°  be  served  upon  each  of  the  bondsmen  and  stipulators  in 
said  causes,  a  notice  that  the  plaintiff  will  on  the  Hdth  day 
of  Jan.,  lS!>;i,  move  for  judgment  upon  said  stipulators 
and  bonds,  said  notice  to  he  served  personally  upon  all 
such  stipulators  found  within  this  District,  and  by  publi- 
cation upon  all  non  residents  in  like  manner  as  service  is 
made  of  sununons. 

In  the  United  States  District   Court  in  and  for  the  Dis- 
trict of  Alaska. 
The  United  States 
<5o  rs. 

The    Schr.    "  VV.    P.    Saywanl,"    her  , 
boats,  tackle,  furniture  rmd  cargo.       ) 
To   Thomas   Henry   Cooler,    Bailey   Gatzert 
Furth: 
You  and  each  of  you  art;  hereby   notified  that   the   Su- 
preme Court  of  the   United  States   having,  on  the  12th 


The  United  States  rs.  The  Schooner  "Annie" 
The  United   States  vs.  The   Schooner  "  ^'lie 


I. 


The  United  States  rs.  The  Schooner  "  Kate  and 


The  United  States  vs. 
The   United   States 


The  Schooner  "Ellen." 
vs.  The  Schooner  "Angel 


1 

I 

y  No.    84.     Notice. 


and    Jacob 


ft" 


14.S 

(Exiiibit  No.  «6.) 

day  of  January,  181»1,  dismissed  the  appeal  in  the  ahove 
cause,  and  remanded  said  cause  to  this  Court  I'or  further 
pioceediuKS,  the  plaintiff  will  on  the  30th  day  of  January, 
1893,  at  the  Court  Room  at  Sitka,  in  said  District,  at  -2 
o'clock  p.  M.  of  said  day.  or  as  soon  thereafter  as  counsel 
can  he  heard,  move  for  judgment  against  you  upon  the 
cstipulation  and  bond  theretofore  made  by  you  for  the  ap- 
lo  I  (raised  value  of  said  vessel  and  cargo  and  costs  as  pro- 
vided by  law. 

Dated  Sitka,  Alaska,  December  7th,  1892. 

C.  S.  JOHNSON. 
U.  S.  Attorney  for  said  Dist. 
United  States       )  _ 
District  of  Alaska,  f  ^*-    " 

The  President  of  the  United  States  of  America  to  the 
Marshal  of  said  District,  Greeting: 
You  are  hereby  commanded  to  make  due  service  of  the 
2o above  and  foregoing  notice  by  publication  in  some  news- 
paper of  geneial  circulation  printed  and  published  in  said 
District,  as  diiected  by  an  order  of  the  United  States  Dis- 
ti  let  Court  for  paid  District  made  and  enteied  of  record  on 
the  .5th  day  of  December,  1S92. 

Witness  the  Honorable  Warren  Truitt,  Judge  of  said 
Court,  and  the  seal  of  said  Court  affixed  at  Sitka,  in  said 
District  this  9th  dav  of  December,  1892. 

[L.  s.]  '  N.  R.  PECKINPAUGH, 

Clerk. 
30     District  of  Alaska,  U.   S.    Marshal's  Office,  Sitka,  Jan. 
23,  1893. 

I  certify  that  in  obedience  to  the  order  of  this  Honorable 
Court  I  caused  the  within  notice  to  be  published  in 
the  Alaska  Herald,  a  newspaper  of  general  circulation 
printed  and  published  at  Sitka,  Alaska,  for  four  consecu- 
tive weeks,  a  copy  of  which  is  hereto  attached,  and  made 
a  part  of  this  return,  as  that  I  deposited  in  the  post  office 
at  Sitka,  Alaska,  a  copy  addressed  to  Thomas  Henry 
Cooper,  San  Francisco,  Cal.,  and  Bailey  Gatzert  and  Jacob 
40  Furth  at  Seattle,  Wash. 

ORVILLE  T.  PORTER, 

U.  S.  Marshal. 
Endorsed.— No.   8-1.— In    U.    S.    Dist.  Court,     Dist.     of 
Alaska.— The  United  States  i'.s-.   The  Schooner  "  W. 
P.    Sayward." — Notice. — Returned  and   filed. — Jan- 
uary 23,  1893.— N.  R.  Peckenpaugh,  Clerk,  by  A.  A. 
Meyer,  Dept.— C.  S.  Johnson,  U.  S.  Atty. 
Proof  of  Publication. 
United  States,     ) 
5°  District  of  Alaska,  )' 

To  Thomas  Henrv    Cooper,   Bailey    Gatzert    and   Jacob 
Furth: 
You  and  each  of  you  are  hereby  notified  that  the  Su- 
preme Court  of  the  United  States  having,  on  the  1 2th  day 
of  January,  1891,  dismissed  the  appeal  taken  in  the  above 
cause,  and  remanded  said  cause  to  this  Court  for  further 
proceedings,  the  plaintiff  will  on  the  30th  day  of  January, 
1893,  at  the  Court  Room  at  Sitka,  in  said  District,  at  2 
,   o'clock  P.  M.  of  said  day,  or  as  soon  thereafter  as  counsel 
°can  be  heard,  move  for  judgment  against  you  upon  the 
stipulation  and  bond  heretofore  made  by  you  for  the  ap- 
praised value  of  said  vessel  and  cargo,  and  costs,  as  pro- 
vided by  law^ 
Dated  Sitka,  Alaska,  December  7,  1892. 

C.  S.  JOHNSON, 
U.  S.  Attorney  for  said  Dist. 


ss. 


149 


(Exhibit  No.  (15.) 


ss. 


United  States,     ) 
District  of  Alaska, ) 
The  President  of  the  United   States  of  America  to  the 
Marshal  of  said  District.  Greeting: 
You  are  hereby;  commanded  to  make  due  service  of  the 
above  and  foregoing  notice  by  publication  in  some  news- 
paper of  general  circulation  printed  and  published  in  said 
10  District,  as  directed  by  an  order  of  the  United  States  Dis- 
trict Court  for  said  District,  made  and  entered  of  record 
on  the  5th  day  of  December.  1892. 

Witness  the  Honorable  Warren  Truitt,  Judge  of  said 
Court,  and  the  seal  of  said  Court  affixed  at  Sitka,  in  said 
District,  this  0th  day  of  DecemVjer,  181)2. 

N.  R.  PECKINPAUGH, 
[L.  s.]  Clerk. 

Walter  B.  Porter,  being  firet  duly  sworn,  deposes  and 
says:  That  he  is  the  proprietor  of  the  Alaskan  Herald 
20a  newspaper  published  at  Sitka,  in  the  District  of  Alaska; 
that  the  "  notice"  of  which  a  copy  is  hereto  attached,  was 
first  published  in  said  newspaper,  in  its  issue  dated  Decem- 
ber 12,  1892,  and  was  published  in  each  weekly  issue  of 
said  newspaper  for  four  consecutive  issues  thereafter,  the 
full  period  of  four  weeks,  the  last  publication  thereof 
beiug  in  the  issue  dated  the  2d  day  of  January,  1893. 

WALTER  B.  PORTER. 
Subscribed  and  sworn  before  me  this  30th  day  of  Janu- 
-Qary,  1893. 

N.  R.  PECKINPAUGH, 
Clerk. 

In  the  United  States  District  Court  for  the  District  of 

Alaska. 
The  United  States  ) 

vs.  >  No.  84.     Motion. 

Schooner  "  W.  P.  Sayward,''  etc.  ) 

Comes  now  C.  S.  Johnson,  Attorney  for  the  United 

40  States,  and  moves  this  Honorable  Court  for  judgment 

upon  the  stipulation  and  bond  filed  in  this  cause,  for  the 

sum  of  $7, 289. .50,  and  interest  and  costs,  as  provided  by 

C.  S.  JOHNSON, 

U.  S.  Atty.  for  Plaintiff. 

(Endorsed )--No.    84.— In    U.   S.   Dist.    Court,    Dist.    of 

Alaska. — United  States  vs.  Sch.  '"  W.  P.  Sayward,"— 

Motion  for  Judgment.— Filed  January  30,  1893. — N. 

CQ        R.  Peckinpaugh,  Clerk. — C.  S.  Johnson,  Pltf.'s  Atty. 

And  afterwards  to  wit,  on  January  30,  1893,  the  follow- 
ing further  proceedings  were  had  as  appear  of  record  in 
said  cause,  which  are  in  words  and  figures  following,  to 
wit: 

United  States  ) 

vs.  }  No.  84. 

Schooner  "  W.  P.  Sayward."  ) 
And  now  on  this  30th  day  of  January,  1893,  this  cause 
60  coming  on  to  be  heard  by  the  Court  upon  the  motion  of 
plaintiff  and  libellant  for  judgment  upon  the  stipulation 
and  bond  heretofore  given  for  the  value  of  said  vessel, 
cargo,etc.,  and  it  appearing  from  the  record  and  files  in 
this  cause  that  said  vessel,  her  tackle,  apparel,  furniture 
and  cargo  were  duly  libelled  for  alleged  violations  of  law, 


•w 


ISO 


(Exhibit  No.  65.) 

that  after  filing  of  said  libel,  to  wit,  on  the  3l8t  day  of 
March,  1888,  the  owner  and  claimants  of  said  vessel  and 
cargo  caused  to  be  executed  and  delivered  a  stipulation 
and  bond  in  the  sum  of  $7,289.50,  that  being  the  ap- 
praised value  of  said  vessel  and  cargo;  that  the  conditions 
of  said  stipulation  and  bond  were  such  that  if  judgment 
were  rendered  against  said   vessel,   then  said  obligation 

10  should  become  absolute.  The  Thomas  Henry  Cooper, 
Bailey  Gatzert  and  Jacob  Furth,  became  and  are  the  sure- 
ties upon  said  stipulation  and  bond;  that  on  the  l!>th  day 
of  September,  1887,  judgment  was  rendered  in  this  cause 
whereby  said  vessel,  her  tackle,  apparel,  furniture  and  cargo 
were  decreed  to  be  forfeited  to  the  United  States;  that  the 
owners  and  claimants  of  said  ve.ssel  appealed  from  said 
judgment  and  decree  to  the  Supreme  Court  of  the 
United  States;  that  the  Supreme  Court  on  the  12th  day 
of  January,   18}t  ,   sustained  and    confirmed  the    decree 

20 of  this  Court,  and  remanded  said  cause  for  further 
action;  that  due  and  legal  notice  was  served  upon  the 
stipulators  of  the  time  set  for  hearing  said  motion  for 
judgment  by  publication  in  the  Alaska  Herald  and  by 
copies  mailed  to  the  stipulators  and  owners  and  claimants 
and  the  United  States  Attorney  for  this  District  appear- 
ing for  the  libeilant  and  presenting  this  said  motion  for 
judgment,  and  said  stipulators  and  owners  and  claimants 
having  failed  to  make  any  appearance,  and  there  being  no 
cause  shown  why  judgment  should  not  be  rendered  upon 

30  said  stipulation  and  bond,  the  Court  finds  that  said  stipu- 
lation and  bond  has  become  absolute,  and  the  United 
States  is  entitled  to  have  and  recover  judgments  against 
said  stipulators  for  the  full  property  of  said  bonds  together 
with  interest  and  costs. 

It  is  therefore  ordered,  adjudged  and  decreed  that  the 
libeilant,  the  United  States,  huxe  and  recover  judgment 
against  said  Thomas  Henry  Cooper,  Bailey  Gatzert  and 
.lacob  Furth,  jointly  and  severally  in  the  sum  of  $7,289.50 
principal  and  $2,113.98  interest  thereon,  and  costs  taxed 

4oat$ and  that  execution  issue  for  the  collection 

of  said  sums  with  accruing  costs. 

And  afterwards,  to-wit,  on  October  11,  1894,  the  follow- 
ing further  proceedings  were  had  and  appear  of  record  in 
said  cause,  which  are  in  words  and  figures  following,  to- 
wit: 

The  United  States  of  America       J 

vs.  >  No.  85. 

TheSchooner  "  W.  P.  Say  ward, "etc.  ) 
50     In  these  causes,  Lytton  Taylor,  United  States  Attorney, 
for  the  District  of  Alaska,  upon  instructions  from  the  De- 
partment of  Justice  in  words  and  figures  as  follows: 

"  A.  G."  Department  of  Justice, 

6384-1880.  Wahington,  D.  C,  August  20th,  1894. 

Lytton  Taylor,  Esq., 

United  States  Attorney, 

Sitka,  Alaska. 
Sir: 
I  have  the  honor  to  acknowledge  yours  of  the  28th  ultimo. 
^^  relative  to  the  nine  cases  growing  out  of  the  seizure  of 
certain  vessels  under  section  1956  of  the  Revised  Statutes. 
In  view^  of  the  fact  as  stated  in  your  letter  and  of  the 
facts  stated  in  other  letters  by  you  upon  the  same  subject, 
you  are  directed  to  dismiss  the  proceedings  in  each  of  said 
cases. 


mi 


(Exhibits  Nos.  05  and  60.) 

I  am  unable  to  see  that  it  is  practicable,  or  if  it  were 
practical)le,  that  it  would  be  proper  to  act  upon  your  sug- 
gestion that  the  dismissal  of  proceedings  in  the  cases  above 
referred  to  should  be  made  conditional  upon  the  United 
States  being  reimbursed  for  expenses  incurred  by  it  in  such 
proceedings. 

Very  respectfully, 
ID  RICHARD  OLNEY, 

Attorney  General/ 

Moved  that  said  cases  be  dismissed  at  the  expense  of  the 
United  States. 

Upon  consideration  thereof,  the  Court  was  pleased  to  so 
order,  and  the  same  is  accordingly  so  ordered,  adjudged 
and  decreed. 

And  it  being  suggested  to  the  Court  that  all  of  said 

vessels  had  from  time  to  time  been  released  on  bond, 

appending  the  matters  in  controversy,  the  Court  was  pleased 

to  order  the  same  canceled,  and  to  declare  the  same  void 

from  henceforth,  for  all  purposes. 

The  Clerk  will,  across  the  face  of  each  of  said  bonds  or 
stipulations,  write  with  red  ink  and  in  a  bold  hand  the 
following:  "  Canceled  by  order  of  the  U.  S.  District  Court 
of    Alaska,   see   Decree  in  Journal  page 

(filling  said  blank  as  is  appropriate),  and  signing  the  same 
officially,  and  dated  the  day  of  executing  this  order. 

The  costs  in  the  several  cases  will  be  certified  as  are 
other  costs  chargeable  to  the  United  States  in  such  cases. 

WARREN  TRUITT, 

U.  S.  Dist.  Judge. 


30 


40 


Claim  No.  T,  "Anna  Beck." 

EXHIBIT  No.  66  (0.  B.),  CLAIM  No.  7. 

Copy  of  record  and  proceedings  in  United  States  Dis- 
trict Court  in  Alaska  in  case  of  United  States  t's.  "Anna 
Beck." 

The  proceedings  in  this  case  were  similar  to  those  taken 
against  "Onward,"  as  shown  in  Exhibit  No.  37  (G.  B.), 
printed  above  at  page  58,  and  by  order  of  the  Commis- 
sioners on  consent  of  counsel  only  the  following  portions 
are  printed: 

Lieut.  David  A.  Hall,  being  duly  sworn,  deposes  and 
says:  I  am  the  executive  officer  of  the  U.  S.  R.  Cutter 
"  iiush,"  engaged  in  the  Revenue  Marine  Service  of  the 
United  States;  have  been  since  2nd  July  last.     Was  in 

50  Bell  ring  sea.  That  day  seized  the  British  Steam  Schooner 
"Anna  Beck,"  under  Capt.  L.  G.  Shepard's  order,  in 
lat.  o-t.ns  30  north  1(57  26.70  west.  Cape  Cheerful  on 
Oonalaska  S.  E.  j  east,  distance  66  miles.  Being  in  the 
Behring  sea  between  the  island  and  the  Pribilof  Islands. 
The  seizure  was  of  the  vessel,  tackle,  apparel,  cargo,  and 
three  hinidred  and  thirty-six  fur  seal  skins  and  arms  and 
ammunition.  The  vessel  was  then  on  waters  navigable 
from  the  sea  by  vessels  of  ten  (10)  or  more  tons  burden, 
The  seal  skins  seized  were  turned  over  to  the  custody  of 

60 the  Deputy  Marshal  of  this  Distiict  at  Oonalaska;  the 
other  property  was  afterwards  turned  over  to  the  U.  S. 
Marshal  of  this  District  at  Sitka.  Counsel  exhibited  to 
witness  the  documents  of  the  St.  Schooner  "  Anna  Beck." 
1st.  Certificate  of  Registry,  dated  Feb.  14,  1881,  from 
Victoria,  B.  C.     Custom  House  official  number  of  ship 


fp 


l.-.J 

(Exhibit  No.  «6.) 

64,135.  Tunnage  36.35,  also  bill  of  health,  same  office, 
dated  Jan.  21,  1887,  also  clearance,  same  vessel,  same 
office,  21  Jan.,  1887,  bound  for  Pacific  Ocean.  Ballast 
and  stores  for  fishing  and  hunting  voyage,  also  agreement 
of  crew  31,097.  Witness  says  I  identify  those  as  the 
papers  of  the  "  Anna  Beck,"  and  they  were  taken  in  my 
possession  at  the  time  of  the  seizure.  Papers  offered  in 
10  evidence  and  received. 

DAVID  A.  HALL, 

1st  Lieut.  U.  S.  R.  M. 
Subscribed  and  sworn  to  before  me,  this  24th  day  of 
September,  A.  D.  1887,  after  having  been  read  over  by  me 
to  deponent. 
[L.  s.  I  H.  E.  HAYDEN, 

Clerk  U.  S.  District  Court. 
Capt.  L.  G.  Shepard,  being  duly  sworn,  deposes  and 
says:  I  am  the  Commander  of  the  U.  S.  Rev.  Cutter 
•'Rush,"  engaged  in  the  Rev.  Marino  Service  of  the 
U.  S.,  and  was  such  on  the  2nd  day  of  July  last.  The 
steam  schooner  "Anna  Beck"  was  seized  by  my  order 
that  day.  I  am  regularly  commissioned  as  such  officer  by 
the  President  of  the  United  States,  and  I  made  the  seizure 
under  the  direction  and  by  the  authority  of  the  Treasury 
Department  of  the  United  States. 

L.  G.  SHEPARD. 
Subscribed  and  sworn  to  before  me  this  24th  day  of  Sep- 
-Qtember,  A.  D.  1887,  after  having  been  read  over  by  me  to 
deponent. 
Ll.  8.]  H.  E.  HAYDEN, 

Clerk  U.  S.  District  Court. 

List  of  Persons  composing  the  Crew  of  the  "  Anna 
Beck,"  of  Victoria,  B.  C,  whereof  Louis  Olsen  is 
Master. 


40 


20 


50 


Names. 

Age. 

i1 
22 
36 
Kl 
19 
30 
48 
20 

In  what  Capacity. 

Wages. 

t40  00 
40  00 
36  00 
36  00 
25  00 
30  00 
35  00 
40  00 

Wages    ad- 
vanced on 
entry. 

Louis  Oleon 

Wilh  Tliomisen 

None. 

Engineer. 

Mate. 

Cook  A  Stewrd. 

A.B. 

Mate. 

Cook  <b  Stewd. 

Engineer. 

None. 

II 

T.  Walters 

C.  Williams 

♦JO  no 
10  00 

M  Green 

26  on 

CliarlcB  Lind 

Fritz  Gaselande         

None. 

And  afterwards,  to- wit,  on  October  11th,  1887,  the  fol- 
lowing further  proceedings  were  had  in  said  cause  and  ap- 
pear of  record,  which  a,re  in  words  and  figures  following, 
to-wit: 

In  the  Matter  of  1 

The  United  States  I 


vs. 


)■  Nos.  79,  80,  82,  83. 


British  Schooners  "Dolphin,' 
60     "  Grace,"  "Anna  Beck  "  and  I 

"  Ada."  J 

Now  comes  Hon.  LaFayette  Dawson,  Judge  of  this 
Court,  and  delivers  and  files  his  opinion  and  judgment  on 
the  demurrer  heretofore  filed  on  oehalf  of  defendant  ves- 
sels by  M.  T.  W.  Drake,  L.  C.    The  said  demurrer  being 


158 


(Exhibit  No.  »>ti.) 

overruled  and  judgment  of  forfeiture  decreed  against  all 
of  said  vesstois,  judgment  to  be  entered  separat>jl.y  in  each 
case,  and  a  stay  of  proceedings  granted  for  ninety  Jays, 
as  per  stipulation  heretofoie  filed. 

In  the  Matter  of  1 

The   United    States  | 

t*3.  [ 

'°Schooners  "Dolphin,"  "Grace,"  j 
"  Anna  Beck  "  and  "  Adda."     ) 

Now  comes  W.  Clark,  Esq.,  and  enters  an  appearance 
for  each  of  said  vessels  on  behalf  of  their  masters  and 
owners. 

And  afterwards,  to- wit,  on  October  11,  1SS7,  the  fol- 
lowing further  proceedings  were  had  in  said  cause,  and 
appear  of  record,  which  are  in  words  and  figures  follow- 
ing, to-wit: 

20 

In  the  United  States  District  Court,  District  of  Alaska. 
United  States  I 

vs.  > No.  H2  Deciee. 

Steam  Schooner  "Anna  Beck.") 

This  cause  coming  on  to  be  heard  this  Uth  day  of 
October,  1887. 

The  Mai'shal  having  returned  on  the  monition  issued 
to  him  in  the  above  entitled  cause  that  in  obedience 
thereto  he  had  attached  the  steam  schooner  "Anna 
3°  Beck,"  her  tackle,  apparel,  boats,  cargo  and  three  hundred 
and  thirty-six  fur  seal  skins,  furniture  and  engines  and 
machinery,  and  has  given  due  notice  to  all  persons  claim- 
ing the  same  to  appear  before  this  Court  on  the  3rd  day 
of  October,  1887,  at  10  o'clock  a.  m.  at  the  District  of 
Alaska,  United  States  of  America,  then  and  there  to 
interpose  their  claims  and  make  their  allegations  in  that 
behalf,  and  T.  H.  Cooper  having  heretofore  filed  his  claim 
as  the  owner  of  all  of  said  property,  and  no  other  person 
having  appeared  and  no  other  claim  having  been  filed  by 
40 or  for  any  other  person  and  the  said  claimant  having  filed 
a  demurrer  to  the  libel  c.'  information  herein  and  also  a 
stipulation  admitting  that  the  fur  seals  of  which  the  skms 
were  found  and  seized  on  said  steam  schooner  "Anna 
Beck"  were  killed  in  that  part  of  Behring  Sea 
claimed  by  the  United  States,  and  beyond  the 
limit  of  ten  miles  from  the  nearest  land,  A.  K. 
Delaney,  appearing  for  the  United  States  and  W.  Clark 
appearing  for  said  claimant,  and  said  cause  being  sub- 
mitted to  the  Court  and  the  Court  being  advised  in  the 
50  premises,  it  is  ordered  that  the  said  demurrer  be  overruled 
and  the  said  claimant  refusing  to  plead,  said  cause  is  sub- 
mitted to  the  Court  upon  the  pleadings,  proofs  and  stipu- 
lation filed  herein,  and  the  Court  being  advised  in  the 
premises  and  having  filed  his  findings  of  facts  and  conclu- 
sions of  law  herein,  it  is  ordered,  adjulged  and  decreed: 

1st.  That  all  pei-sons  whatsoever  other  than  the  said 
claimant  be  and  they  are  decreed  to  be  contumacy  and  de- 
fault. 

2nd.  That  said  steam  schooner  "Anna  Beck,"  her 
60 tackle,  apparel, boats, cirgo  and  three  hundred  and  thirty- 
six  fur  seal  skins,  furaiture.  engines  and  machinery,  be 
and  the  same  are  hereby  condemned  as  forfeited  to  the 
use  of  the  United  States,  saving  to  the  officers  and  men 
on  said  vessel  their  own  private  property,  such  as  nautical 
instruments,  etc. 


jr)4 

(Exhibit  No.  <)♦'..) 

lird.  That  unless  an  appeal  be  taken  to  this  decree  with- 
in the  time  limited  and  prescribed  by  law  and  the  rules  of 
the  court,  the  usual  writ  of  Venditioni  Exponas  be  issued 
to  the  marshal  commanding  him  to  sell  all  the  property, 
the  said  steam  schooner  "  Anna  Beck"  to  be  sold  at  Port 
Townsend  or  some  other  point  on  Puget  Sound  in  Wash- 
ington Territory  and  after  ninety  days'  notice  of  said  sale. 
10  That  the  proceedings  of  the  sale  of  said  property  be 
brought  into  this  Court  to  be  deposited  subject  to  its  order 
and  to  be  distributed  according  to  laAV. 

That  the  costs  herein  be  taxed  and  awarded  against  the 
said  claimant. 

Dated  October  11,  1SS7. 

(Signed)    LAFAYETTE  DAWSON, 

District  Judge. 

(Endorsed)— No.  S'2. — United  States  r.s.  Steam  Schooner 
"Anna   Beck."— Decree  filed  Oct.    11.    1S87.— U.  E. 
^^         Haydon,  Clerk. 

And  on  the  same  date  the  defendant  filed  claim  of 
owner  in  said  cause,  which  is  in  words  and  figures  follow- 
ing, to  wit: 

In  the  United  States  District  Court   for  the  District  of 

Alaska. 


The  United  States 


vs. 


30  The  Steam  Schooner 
"  Anna  Beck. 


}  No.  82. 
I 

J 


And  now  comes  W.  Clark  duly  authorized  attorney  for 
T.  H.  Ci>oper  owner  of  the  above  named  vessel,  her  tackle, 
apparel,  furniture  and  cargo,  intervening  for  the  interest 
of  the  said  T.  H.  Cooper,  in  the  said  schooner,  her  tackle, 
apparel,  furniture  and  cargo,  and  appears  before  this  Hon. 
Court  and  makes  claim  to  the  said  property  as  the  same 
is  attached  by  the  Marshal,  under  process  of  this  Court, 
at  the  instance  of  L.  G.  Shepard,  Commander  of  the 
"^  United  States  Revenue  Marine  Cutter  "  Richard  Rush," 
and  the  said  W.  Clark,  avers  from  information  and  belief, 
that  the  said  T.  H.  Cooper,  owner,  was  in  possession  of  the 
said  schooner  at  the  time  of  the  seizure-  thereof  and  that 
the  said  T.  H.  Cooper  is  the  true  and  bona  fide  owner  of 
the  said  schooner,  her  tackle,  apparel,  furniture  and  cargo, 
and  that  no  other  person  is  the  owner  thereof,  whereof  he 
prays  to  defend  accordingly. 


SO 


VV.  CLARK, 

Proctor  for  claimant. 


Sworn  and  subscribed  be-  J 
fore  me  this  day  - 

of  Oct.  1887.  ^ 

H.  E.  Hayden  Jr., 

Dept.  Clerk. 
W.  Clark, 

Proctor  for  claimant. 

(Endorsed)— No.  S2.— United  States   vs.   Steam  Schooner 
"Anna  Beck."— Claim  of  Owner.— Filed  Oct.    11, 
60         1887. 

H.  E.  HAYDEN,  Jr., 

Deputy  Clerk. 

And,  afterwards,  to  wit,  on  December  12,  1887,  the  fol- 
lowing further  proceedings  were  had  and  appear  of  record, 


155 


(Exhiliit  No.  m.) 

in  said  catiso,  which  are  in  words  and  figures  following,  to 
wit: 

The  United  States  ) 

rfi.  -  No.  82. 

Schooner  "Anna  Beck,"  her  cargo,  &c.  ) 

It  is  ordered  hy  the  Court  that  the  Marshal  of  the  Dis- 
trict of  Alaska  sell  the  three  hundred  and  thirty-five  fur 
•o  seal  skins  seized  from  the  schooner   "Anna  Beck,"  and 
condemned  hy  the  decree  in  the  ahove  entitled  cause  as 
forfeited  to  the  United  States. 

That  for  tlie  purpose  of  securing  a  hetter  market  for 
said  skins,  the  said  Marshal  is  authorized  to  take  the  said 
fur  seal  skins  out  of  tlie  District  of  Alaska  and  to  Port 
Townsend,  Seattle  or  Tacoma,  on  Puget  Sound,  in  the 
District  of  Washington  Territory,  and  there  make  said 
sale.  That  he  advertise  the  time  and  place  of  said  sale  for 
at  least  thirty  days. 
-0  And  that  out  of  the  proceeds  of  said  sale  he  pay  the 
costs  and  expenses  of  insuring  and  caring  for,  transporta- 
.  tion  and  sale  of  said  property,  and  pay  the  halance  of  said 
proceeds  as  required  hy  law,  and  that  he  report  ail  his 
doings  in  the  premises  hereunder  to  this  Court. 

(Endorsed)-Xo.  si>.— In  the  U.  S.  Dist.  Court,  Dist.  of 
Alaska.— United  States  vs.  Schooner  "  Anna  Beck. — 
Order  for  sale  of  ;5;5,')  fur  seal  skins. — Filed  Dec.  12, 
1S87.— H.  E.  Hayden,  Clerk. 

In  the  United  States  District  Court,  District  of  Alaska. 
United  States  )  ^^  82. -Writ  of  Vcn- 

Steam  Schoone'r"  Anna  Beck."  f     '''''''«'  ^''^««"«- 

The  President  of  the  United  States  of  America,  to  the 

Marshal  of  the  District  of  Alaska,  greeting: 

Whereas  a  libel  hatli  been  filed  in  the  District  Court  of 

the  United  States  for  the  District  of   Alaska,  on  the  13th 

day  of    September,   in  the  year  of  our   Lord   one  thou- 

■^°  sand  eight  hundred  and  eighty-seven,  hy  M.  D.  Ball,  United 
States  District  Attorney,  against  the  steam  schooner 
"  Ann  Beck  "  her  tackle,  apparel,  engines  and  n)achinery, 
furniture  and  cargo,  civil  and  maritime,  for  the  reasons 
anil  causes  in  said  libel  mentioned,  and  praying  the  usual 
process  and  monition  of  the  said  Court  in  that  behalf  to 
be  made,  and  that  all  persons  interested  in  the  said  steam 
schooner,  her  tackle,  apparel,  engines  and  machinery, 
fuinituie  and  cargo  may  be  cited  in  general  and  special  to 
answer  the  premises  and  all  proceedings  being  had  and  the 

5° said  steam  schooner,  her  tackle,  etc.,  may  for  the  causes 
in  said  libel  mentioned  be  condemned  as  forfeited  to  the 
use  of  the  United  States,  and  praying  that  the  same  may 
be  condennied  and  sold  to  answer  tlie  prayer  of  the  said 
libellant,  and  whereas  the  said  steam  schooner  and 
cargo  have  been  attached  by  the  piocess  issued  out  of  the 
said  District  Court  in  pursuance  of  the  said  libel  and  are 
now  in  custody  by  virtue  thereof  and  such  proceedings 
have  been  thereupon  had  that  by  a  definite  sentence  and 

.  decree  of  said  Court  made  and  pronounced  on  the  11th  day 
of  October,  1SS7,  and  an  order  of  sale  of  the  said  Court  in 
this  cause  madeon  the9thday  of  February,  1888,  the  cargo 
of  said  steam  schooner  consisting  of  330  fur  seal  skins  to  be 
sold  by  you  the  said  Marshal  at  Sitka,  in  the  District  of 
Alaska,  after  giving  at  least  thirty  days' notice,  and  the 
said  steam  schooner  "  Anna  Beck,"  her  tackle,  apparel, 


156 

(Exhibit  No.  <Wt.) 

engines  and  machinery  and  furnituro,  are  to  he  sold  hy 
you  the  said  Maislial,  at  Port  Townsend  or  some  other 
point  on  Puget  Hound  in  Washington  Territory,  aftfi- 
ninety  days'  notice  of  paid  nale.  and  that  you  pay  the  pro- 
ceeds of  sucli  sale  to  the  Clerk  of  this  Court  as  requued 
by  law. 

Now,  therefore,  you  will  t'.\ecute  naid  decree  and  order 
loand  return  this  writ  and  report  the  manner  in  which  you 
have  executed  this  order  to  the  Court. 

Witness  the  Honorable  Lafayette  Dawson,  Judge  of  said 
Court,  at  the  City  of  Sitka,  in  the  District  of  Alaska,  this 
10th  day  of  Fehmary,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  eighty-eight,  and  of  our  inde- 
pendence the  one  hundredth  and  thirteenth. 
H.  E.  HAYDON. 

Clerk  U.  S.  District  Court. 

(Endorsed)    No.  S2,  in  the  District  Court.    Judicial  Dis- 
^°        trict,  holding  terms  at  Sitka,  United  States  vs.  Steam 
Schooner  "Anna   Beck."      Writ  of    Veuditioni  Ex- 
lOH'xs.     BMled  this  ,sth  day  of  May,  IH.SU.     H.  E.  Hay- 
don,  Clerk. 

Custom  Holse,  Sitka  Alaska. 
Collectok's  Office,  July  18th,  188S. 
In  accordance  with  the  decree  and  order  mentioned  in 
the  writ  hereunto  attached,  the  I.'nited  States  Marshal  in 
and  for  the  District  of  Alaska,  is  herel  y  granted  permis- 
JOsion  to  proceed  with  the  schooner  "Anna  Beck"  in  said 
writ  mentioned,  from  this  port  to  Port  Townsend,  W.  T. 
A.  K.  Delaney, 

Collector  of  Customs. 

In  the  United  States  District  Court,  District  of  Alaska. 
Uni*^^ed  States  ) 

vs.  \  No.  82.     Writ  of  T>h- 

Steam  Schooner  "Anna  Beck.")      ditioni  Exponas. 

The  President  of  the  United  States  of  America  to  the 
4°        Marshal  of  the  District  of  Alaska,  greeting: 

Whereas,  a  libel  hath  been  filed  in  the  District  Court  of 
the  United  States  for  the  District  of  Alaska,  on  the  ];^»th 
day  of  September,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  eighty  seven,  by  M.  D.  Ball,  United 
States  District  Attorney  against  the  steam  schooner 
"  Anna  Beck,"  her  tackle,  apparel,  engines  and  machinery, 
furniture  and  cargo,  civil  and  maiitime,  for  the  reasons 
and  caused  in  said  libel  mentioned,  and  praying  the  usual 

Erocess  and  monition  of  the  said  court  in  that  behalf  to 
e  made,  and  that  all  persons  interested  in  the  said  steam 
schooner,  her  tackle,  apparel,  engines  and  machiut-ry, 
furniture  and  cargo  may  be  cited  in  general  and  special  to 
answer  the  premises  and  all  proceedings  being  had  the 
said  steam  schooner,  her  tackle,  &c.,  may  for  the  causes 
in  the  said  libel  mentioned,  be  condemned  as  forfeited  to 
the  use  of  the  United  States  and  praying  that  the  same 
may  be  condemned  and  sold  to  answer  the  prayer  of  the 
said  libelant,  and  whereas,  the  said  steam  schooner  and 
cargo  have  been  attached  by  the  process  issued  out  of  the 
^  said  District  Court  in  pursuance  of  the  said  libel,  and  are 
now  in  custody  by  virtue  thereof,  and  such  pro- 
ceedings have  been  thereupon  bad  that  by  a 
definite  sentence  and  decree  of  said  court  made  and 
pronounced  on  the  11th  day  of  October,  1887,  and 
order  of  sale  of  the  said  court  in  this  cause  made  on  the 


15? 


(' Exhibit  No,  M) 

Dth  day  of  Felnuary.  1»HS,  the  cargo  (tf  said 
schooner  conaiHtiiiK  of  H:<t)  fur  soal  skiiis  to  bo  sold 
by  you   the  said   Marshal,   at   Sitka,   in  the  District  of 

•  Alaskji,  after  gi^'iiiK  at  l«>ast  thirty  days  notice,  and  the 
said  steam  schooner  "  Anna  Berk,"  lier  tackle,  apparel, 
engines  and  machinery  and  furnitua-,  are  to  l)e  sold  by 
you  the  said   Marshal,   at   Port  Townsend  or  some  otiier 

ID  point  on  Puget  Sound  in  Washington  Territory,  after 
ninety  days  notice  of  said  sale,  and  that  yon  pay  the  pro- 
ceeds of  such  sale  to  the  Clerk  of  tliis  Court  is  re<|uiredby 
law. 

Now  therefore  you  will  executn  said  decree  and  order 
and  return  this  writ  and  report  the  manner  in  winch  you 
have  executed  this  order  to  the  court. 

Witness  the  Honorable  LaFayette  Dawson,  Judge  of 
said  Court,  at  the  City  of  Sitka,  in  the  District  of  Alaska, 
this  10th  day  of  Februai-y  in   the  year  of  our  Lord  one 

20  thousand  eight  hundred  and  eighty  eight,  and  of  our  in- 
dependence the  one  hundred  and  thirteenth. 

H.  E.  HAYDON, 
Clerk  L'.  S.  District  Court. 

(Endorsed)— No.  S2.  In  the  District  Court,  Judicial 
District,  holding  terms  at  Sitka,  United  States  vs.  Steam 
Schooner  "  Anna  Beck."  Writ  of  Venditioni  Exponas, 
Filed  this  24th  day  of  Apr.  188l>. 

H.  E.  HAYDON, 

Clerk. 

30 

And  afterwards,  to  wit,  on  May  2;i,  188(»,  the  following 

further  proceedmgs  were  had,  and  appear  of   leccrd  in 

'id  cause,  which  are  in  words  and  figures  following,  to 

wit: 

In    the  matter    of  the] 

United  States  | 

vs.  y 

steam  schooner  "  Dol- | 
phin,"  et  al.  J 

40  In  the  matter  of  the  final  report  of  Barton  Atkins,  Esq.. 
United  States  Maishal  for  the  District  of  Alaska,  in  the 
sale  of  the  steam  schooner  "  Dolphin,"  and  other  schoon- 
ers, and  certain  seal  skins  seized,  condemned  and  ordered 
to  be  sold  under  the  order  of  this  court. 

Now  on  this  23d  day  of  May,  issit,  the  said  Barton  Atkins, 
Esq.,  having  heretofore  fded  his  final  account  and  report 
as  United  States  Marshal,  of  his  acts  and  doings  in  the 
sale  of  the  steam  schooner  "  Dolphin,"  and  other  schoon- 
ers, and  vessels  named  in  said  report,  and  of  the  f  urni- 

S^ture,  tackle,  and  equipments  of  the  same,  and  of  certain 
seal  skins  set  out  therein,  and  Whit  M.  Grant,  Esq., 
United  States  District  Attorney  for  the  District  of  Alaska, 
having  filed  his  written  exceptions  to  said  report  and  the 
said  report  and  the  said  exceptions  having  been  submitted 
and  considered  by  the  court  the  following  order  is  hereby 
made  in  regard  to  said  report: 

1st.  It  is  ordered  that  the  credit  for  a  shortage  of  seven 
(7)  seal  skins  in  the  lot  of  said  seal  skins  sold  at  San  Fran- 
cisco, California,  as  stated  in  said  final  report  be  allowed 

^to  stand  in  favor  of  said  Marshal. 

2nd.  That  the  credit  of  three  hun  dred  and  ninety-six  ^'/ff 
($396.62)  dollars  taken  by  the  saidmarshal,  in  said  report 
as  refunded  from  the  proceeds  of  the  said  sales  of  vessels 
and  seal  skius  to  the  appropriation  for  fees  and  expenses 
of  the  Marshal's  office,  stand  as  stated  in  said  final  report. 


ISS 


(Exliil)it  No.  t!(i.) 

3rd.  That  the  exception  to  the  item  of  thirty-one  ^Vd 
dollars  for  which  credit  is  claimed  in  the  report,  as  paid  to 
Isaac  Anderson  at  Oonalaska,  Deputy  Marshal  is  sustained 
and  the  Marshal  shall  he  further  charged  with  said  amount 
because  the  voucher  showi^  that  it  was  for  expenses  not 
attending  or  belonging  to  the  custody  or  the  sale  of  any  of 
said  forfeited  vessels. 

lo  4th.  That  the  exception  to  the  item  eighty-four  ($84.00) 
dollars,  paid  from  fees  and  expenses  of  the  Marshal's  of 
fice  as  guard  on  hoard  the  schoonar  "Challance"  dis- 
charj;ed  by  order  of  the  Court,  and  rein)bursernent  of 
which  to  tlie  sai<l  fund  of  fees  and  expenses  of  Marshal's 
office  from  the  proceeds  of  the  sales  of  said  forfeited  ves- 
sels and  said  seal  skins  is  asked  is  sustained,  and  it  is 
hereby  ordered  that  said  reimbursement  be  not  made  to 
said  fund  of  tees  and  expenses  of  Marshal's  office  and  the 
Marshal  be  charged  with  said  amount  in  said  final  report. 

20  .")th.  That  the  exception  to  the  item  of  five  hundred 
and  eight  (S'lOM)  dollars  in  said  report  in  which  the  said 
.Marslial  claims  a  credit  as  auctioneer's  conmiission  paid  by 
him,  in  the  sale  of  the  seal  skins  stated  in  said  report  as 
having  been  made  in  San  Francisco,  California,  is  over- 
ruled and  it  is  ordered  that  said  credit  shall  stand  as  stated 
in  said  report. 

tith.  That  the  exception  to  the  item  of  four  ^Vo  dollars 
for  which  the  said  Marshall  claims  a  credit  in  said  final  re- 
port is  overruled  and  the  said  credit  shall  stand  as  stated. 

30  7th.  That  the  exception  to  the  claim  of  the  said  Mar- 
shal for  a  credit  for  a  shortage  of  twenty  five  (iia)  seal 
skins  in  the  lot  of  said  seal  skins  sold  under  the  order  of 
the  Court,  at  Sitka,  Alaska,  as  stated  in  said  final  report  be 
overruled  and  that  said  credit  and  deduction  of  twenty- 
five  (liA)  seal  skins  be  alloweil  to  stand  as  stated 

Mb.  That  the  exception  to  the  item  of  thirty-five  (^3;")) 
dollars  expended  l)v  the  Marshal  from  the  fund  of  fees 
and  expenses  of  Marshal's  office  in  the  care  of  the 
schooner    ''Say ward,"   released   under  bonds  after  con- 

4odemnation  by  the  Court  and  reimbursed  from  the  pro-^eeds 
of  sales  of  schooners  and  seal  skins  is  overruled  and  the 
item  is  allowed  to  stand  in  said  report  as  stated. 

itth.  That  the  exception  to  the  item  of  tsventy  one 
hundred  and  six  .Vcr  dollais  expended  by  the  Marshal  from 
the  fund  of  fees  and  expenses  of  the  Marshal's  office  and 
reimbursed  from  the  proceedsof  sales  of  forfeited  schooners 
and  seal  skins  is  over-ruled,  because  said  ex))enditure  was 
made  by  order  of  the  com  t  in  connection  with  schooners 
which  were  condemned  by  the  court  and  afterwards  re- 

50  leased  upon  bond  after  such  expenditure  was  made. 

loth.  That  the  exception  to  the  item  of  one  hundred 
and  five  (%<1(»5)  dollars,  the  amount  paid  to  A.  Kawlins  for 
guarding  forfeited  schooners  is  over-ruled,  satisfactory 
evidence  has  been  furnished  that  the  same  bar.  been  made. 
11th.  That  the  exception  to  the  item  of  fifteen -fVir 
d^l."). 75)  dollars  dated  July  1st,  h'^SH,  and  paid  from  the 
fund  of  fees  and  expenses  of  Marshal's  office,  and  re- 
fmuled  to  the  same  from  the  i)roceeds  of  the  sales  of  for- 
feited schooners  and  seal  skins,  is  over  ruled. 

60  !-•  That  the  exception  to  the  item  of  twenty-five  jV,t 
(12;'). yS)  doUais  included  in  the  vo-'ciier  in  favor  of  Isaac 
Anderson,  on  tiie  ground  that  the  amount  has  been  dupli- 
cated, is  overruled,  because  it  does  not  appear  to  the  en- 
tire satisfaction  of  the  court  that  the  same  has  been  du- 
plicatea. 


151) 


(Exhiljit  No.  (!«.) 

It  is  further  oidered  thttt  after  the  said  report  is  cor- 
rected as  directed  herein,  the  same  shall  be  spread  in  full 
upon  the  journal  of  the  court,  and  actually  transcribed 
thereon. 

It  is  also  ordered  that  the  Clerk  of  this  Court  shall  for- 
ward one  copy  of  the  said  tinal  repoit.  duly  certified  to  the 
Attorney  General  of  the  United  States,  and  one  copy  of 
10  the  same,  so  certified,  to  the  Secretary  of  the  Treasury, 
together  with  an  abstract  to  accompany  each  of  such 
sums  separately  stated  that  have  been  therein  reported  by 
the  Marshal  as  having  been  refunded  by  him  from  time  to 
time  from  the  [)roceeds  of  i-iles  of  schooners  and  seal 
skins  to  the  fund  in  his  bands  for  the  payment  of  fees  and 
expenses  of  Maishal's  office. 

That  in  all  respects  the  said  final  report  after  being  cf)r- 
rected  as  oidered  herein  shall  stand  confirmed. 

And  afterwards,  to-wit,  on  July  1st,  lS8!t,  the  following 
"    fuither  pioceedings  were  bad  in  said  cause  and  appear  of 
record,  which  are  in  words  and  figures  following,  to-wit: 
In  the  matter  of  the  1 


^  No.  Sl>. 


United  States 

vs.  I 

Steam  schooner  "Anna  Heck." J 

This  cause  coming  on  to  be  further  heard  on  the  rejiort 
of  the  sale  of  the  said  schooner  "Anna  Beck."  made  V)y 
T.  J.  Hamilton,  United   States  Mrashal  for  Washington 

30  Territory,  and  acting  Deputy  for  Marshal  of  Alaska. 

And  it  appearing  to  the  Court  that  said  sale  was  made 
by  order  of  the  United  St.ites  Attorney  (iieneral,  on  the 
writ  of  reiiilifioni  ".tpoiias  issued  out  of  this  court,  Febru- 
ary loth,  isss,  and  that  said  schooner  was  sold  for  the 
sum  of  !i((t(i7.oo  cash,  which  sum  less  the  expenses  of  said 
sale  and  the  lawful  fees  of  said  Marshal  amounting  to 
^s."i:>.<,»;?,  ba/ebeen  paid  into  the  Registry  of  this  Court. 
Thai  said  schooner  was  sold  to  Crestoka  Peterson,  on  the 
L'tith    day   of  Manh.    l.-JS;*,  and   there  appearing  to    the 

.4oCourt  no  lawful  reason  to  the  contrary,  tiu>  said  sale  and 
the  said  expenditures  made  on  account  thereof  are  hereby 
ratified,  approved  and  confirmed,  ami  the  Marshal  shall 
execute  a  bill  of  sale  to  s^aid  i)urcbaser. 


The  following  additional  portions  of  the  foregoing  ri?c 
ord  are  not  included  in  the  above  exhibit,  and  under  the 
rights  reserved  for  that  purpose  by  counsel  for  the  United 
States  have  been  specified  by  them  as  a  separate  {U.  S.) 
exhibit  to  he  printed  in  connection  therewith. 


SUPPLEMENTAL  (U.  S.)  EXHIBIT  "A." 

Return  of  writ  of  vewlitioin  exponas. 

The  United  States  of  Anierica,      )       . 
District  of  Washington  Territory,  (  ^^•* 

I,  T.  J.  Hamilton.  United  States  Marshal  for  the  Dis- 
trict of  Washington  Territory,  do  hereby  certify  that  the 
annexed  writ  of  vt'iulitioni  I'.rpoiia.s  No.  S'2,  issued  out  of 
^  the  U.  S.  District  Court  of  Alaska,  which  writ  and  steam 
'° schooner  "Anna  Beck,"  her  tackle,  apparel,  engine  and 
machinery,  furniture  and  cargo,  ( ivil  and  maritime,  were 
delivered  to  me  at  Fort  Townsend.  W.  T.  on  the  7th  day 
of  September,  1888  (in  conformity  to  directions  by  tele- 
gram from  the  department  of  justice  of  the  United  States 
September  fitb,  1H88)  by  Barton  Atkins,  U.  S.  Marshal  of 
the  District  of  Alaska,  except!  ig  the  cargo  of  said  steam 


MR 


IfiO 


■w»v 


W 


(U.  S.  Exhibit  A.) 

schooner,  consisting  as  recited  in  said  writ  of  figures  33(i 
fur  seal  skins,  which  were  to  be  sold  by  the  Marshall  of 
Alaska,  Sitka,  in  the  District  of  Alaska. 

In  conformity  with  the  directions  of  said  writ,  and  the 
instructions  from  the  Department  of  Justice  of  the  United 
States,  and  from  the  District  Court  of  Alaska.  I  did  ad- 
veitice  said    sale  of  the    said  steam    schooner    "  Anna 

loBeck,"  her  tackle,  apparel,  engines  and  machineiy,  and 
furniture  in  the  Daily  Call,  which  is  a  weekly  newspaper, 
published  in  the  City  of  Port  Townsend,  in  the  County 
of  Jefferson,  in  the  Territory  of  Washington,  at  least  once 
a  week  and  was  during  all  of  the  time  of  general  circulation 
in  said  Jefferson  County  for  ninety  days,  to-wit:  from  the 
2fith,  day  of  December  1SS8  to  the  2t)th.  day  of  March  Issi), 
and  IdiSon  the  20th  day  of  March  1889,  at  Port  Town- 
send,  offer  for  sale,  and  did  sell  at  public  auction  said 
steam  schooner  "  Anna  Beck,"  her  tackle,   apparel,   en- 

2ogines,  machinery,  aud  furniture  to  Chestoka  Peterson  for 
?(907.0(),  cash  in  hand,  he  being  the  highest  and  best  bidder 
for  the  same. 

I  now  make  return  of  said  writ  to  the  said  Court  with 
my  report  of  the  manner  in  which  I  have  executed  the 
same  and  pay  into  the  Clerk  of  said  Court  the  proceeds  of 
said  sale,  after  deducting  the  costs  and  fees  of  said  sale,  as 
follows,  to-wit: 

Costs. 
Towing,   mooring  and  docking,   by  L.  B.  Hast- 

^^         ings,   owner    Str.     "  Enterprise,"     Voucher 

No.  1 $40  00 

Marshal's  Com.  on  proceeds  of  sale,  $907  00,  2%  on 

1st  $500,  I'je  on  balance 14  07 

Amount  returned  to  court 852  !>3 


$907  00 

In  witness  whereof  I  have  hereunto  set  my  hand  this 
6th  day  of  April,  1889,  at  Seattle  in  the  Territory  of  Wash- 
4oington. 

BARTON  ATKINS, 

U.  S.  Marshal  for  Alaska. 
T.  J.  HAMILTON, 
U.  S.  Marshal  for  Washington  Territory 
and  Deputy. 

(Endorsed)— No.  82.— In  the  U.  S.  District  Court,  in  and 

for  the  District  of   Alaska.— The   United   States  vs. 

Steam  Schooner  "  Anna  Beck."— Writ  of  Venditioni 

E'.r/yo»ias.— Returned  and  filed  April  24,  1889.— H.  E. 

50        Hayden,  Clerk. 

United  States  of  America, 
In  account  with  Commercial  Wharf,  Dr. 

1889. 

March  2(i  To  berths  at  said  wharf  for  schooners, 
"  Grace."  "  Dolphin,"  "  Ada,"  and 
"  Anna  Beck,"  for  15  days  from 
September  7th  to  21st  inclusive 
and  March  2Cth,  1889,  at$4n.oo  per 

60  month $2000 

Received  payment  of  T.  J.  Hamilton. 
Port  Townsend,  W.  T. 
March  2T,  1889. 

J.  A.  KUHN, 
Owner  of  said  wharf. 


101 


10 


1888. 
Sept. 


1889. 
Mch. 


20 


26 


(U.  S.  Exhibit  A.) 

L. 

Hastings  Steamboat  Company. 

Port  Townsend,  W.  T.,  March  28,  1889. 
United  States  to  Steamer  "  If.nterprise  "  Dr. 

To  towing  schooner  "  Anna  Beck " 
from  Coniniercial  Dock,  Port 
Townsend,  to  head  of  Port  Town- 
send  Bay  and  mooring $20  oO 

To  towing  schooner  "Anna  Beck" 
from  head  of  Poi-t  Townsend  bay 
and  docking  at  Commeicial 
Wharf,  Port  Townsend 20  00 


$40  00 


Received  of  T.  J.  Hamilton,  U.  S.  Marshal,  the  sum  of 
forty  ($40.00) dollars  in  full  of  above  amount. 

L.  B.  HASTINGS. 

Owner  Str.  "Virginia." 
Mch.  28,  '89. 

Return  on  writ  of  venditioni  Exponas. 
The  United  States  rs.  Schooner  "  Anna  Beck. 

30  I  hereby  certify  and  return  that  1  received  the  within 
writ  of  venditioni  exponas  on  the  luch  day  of  February, 
1888,  and  in  accordance  with  the  command  therein,  I  did 
sell  the  cargo  therein  mentioned  at  Sitka,  Alaska  on  the 
19th  day  of  April,  1888,  consisting  of  three  hundred  and 
thirty  six  (33(i)  fur  seal  skins  for  the  sum  of  one  thousand 
one  hundred  and  fifty-nine  iW  dollars,  to  A.  C.  Couther- 
land,  after  giving  thirty  days  notice  of  said  sale. 

The  purchaser  above  mentioned,  being  the  highest  and 
best  bidder  at  said  sale,  which  sum  I  paid  to  the  clerk  of 

40  the  U.  S.  District  Court  on  the  23d  day  of  April,  1888,  as 
commanded  by  said  writ. 

At  subsequent  sales  to  April  19,  1888,  I  realized  the  sum 
of  fifteen  and  ^%%  dollars  ($15.40)  on  fixed  ammunition, 
and  five  compasses,  which  sum  I  now  return  into  Court, 
as  commanded  by  said  writ. 

I  further  certify  that,  as  commanded  by  the  within 
writ,  I  caused  the  said  schooner  "  Anna  Beck,"  with  her 
tackle,  &c.,  to  be  taken  to  Port  Townsend,  VV.  T.,  on  the 
19th  day  of  July,  1888,  and  there  advertised  the  same  for 

50  sale,  as  commanded  by  said  writ. 

On  the  18th  day  of  A)igust,  1888,  I  received  the  follow- 
ing dispatch  from  the  Department  of  Justice,  to  wit: 
Postpone  sale  of  condemned  schooneis,  and  await  further 
instructions  by  mail.  On  the  tith  day  of  September, 
1888,  I  received  further  insti'uctions  from  the  Department 
of  Justice  for  me  to  return  to  my  District,  and  to  deputize 
Thus.  J.  Hamilton,  U.  S.  Marshal  for  Washington  Terri- 
tory, aiid  to  transfer  custody  of  said  schoonei  to  him, 
with  full  power  to  act. 

60  In  accordance  with  said  instructions  I  did  on  the  7th 
day  of  September,  1888,  appoint  the  said  Thos.  J. 
Hamilton  Deputy  U.  S.  Marshal  for  the  District  of  Alaska, 
and  did  transfer  to  him  full  custody  of  said  schooner,  to- 
gether with  the  original  writ  of  venditioni  exponas  in 
this  case,  with  instructions  to  report,  to  the  Honorable 


ft 

HBf^P^ 

1 

mat   -   ' 

;jraf  i 

i: 

m 


lO 


K5-3 

(U.  S.  Exhibit  A.) 

District  Court  of    Alaska    such  further  proceedings  as 
should  be  had  herein. 

BARTON  ATKINS. 
U.  S.  Marshal  for  the  District  of  Alaska. 

(Endorsed)  No.  82. — In  the  District  Court,  Judicial  Dis- 
trict, holding  terms  at  Sitka,  United  Stateb,  Plaintiff, 
vs.  Schooner  "Anna  Beck,  Defendant. —  Writ  of 
Venditioni  E,vpon as.— Fi\ed  this  8th  day  of  Mav, 
1889.— H.  E.  Hayden,  Clerk. 

And  afterwards  to  wit,  on  May  20th,  1889,  the  follow- 
ing further  pioceedings  were  had  and  appear  of  record,  in 
said  cause,  which  are  in  words  and  figures  following  to- 
wit: 

The  United  States 


20 


VS. 

Steam  Schooner  ' 


Anna  Beck."  ) 


VNo. 


82. 


Now  conies  Barton  Atkins,  United  States  Marshal  for 
the  District  of  Alaska  and  returns  the  writ  of  Venditioni 
Exponas  issued  by  order  of  the  Court,  February  10.  1888, 
and  makes  the  following  return  in  the  presence  of  Whit 
M.  Grant,  United  States  Disti-ict  Attorney,  that  in  ac- 
cordance with  the  command  therein  did  sell  the  cargo 
therein  mentioned  at  Sitka,  Alaska,  on  the  lOth  day  of 
April.  1888,  consisting  of  three  hundred  and  thirty-six  fur 
seal  skins  for  the  sum  of  one  thousand  one  hundred  fifty- 

30  nine  and  fo^  dollars  ($1,1.59.20)  to  A.  C.  Southerland,  after 
giving  thirty  days"  notice  of  sale.  The  purchaser  above 
mentioned  beinp  the  highest  and  best  bidder  at  said  sale, 
which  sum  I  paid  to  the  Clerk  of  the  U.  S.  District  Court 
on  the  23d  day  of  April,  1888,  as  commanded  by  said 
writ.  At  subsequent  sales  to  April  19,  1888,  1  realized 
the  sum  of  fifteen  and  ^W  ($15.40)  dollars  on  fixed  ammu- 
nition and  five  compasses,  which  sum  I  return  into  court 
as  commanded  by  said  writ.  I  further  certify  that,  as 
commanded  by  the  within  writ,  I  caused  the  said  schooner 

40  "  Anna  Beck."  with  her  tackle,  &c.,  to  be  taken  to  Port 
Townsend,  W,  T.,  on  the  19th  day  of  July,  1888,  and  there 
advertised  the  same  for  sale,  as  commanded  by  said  writ. 
On  the  18th  day  of  August,  1888,  I  received  the  following 
dispatch,  to-vvit:  "  Postpone  sale  of  condemned  schooners 
and  await  further  instructions  by  mail."  On  the  6th  day 
of  September,  1888,  I  received  further  instructions  from 
the  Department  of  Justice  for  me  to  return  to  my  dis- 
trict and  to  deputize  T.  J.  Hamilton,  U.  S.  Marshal  for 
Washington    Territory,    and    transfer    custody    of    said 

50  schooner  to  him  with  full  power  to  act.  In  accordance 
with  said  instructions,  I  did,  on  the  7th  day  of  Septem- 
ber, 1888,  appoint  T.  J.  Hamilton  Deputy  U.  S.  Marshal 
for  the  District  of  Alaska,  and  did  transfer  to  him  full 
custody  of  said  schooner,  together  with  the  original  writ 
of  Venditioni  Eoi'ponas,  in  this  case,  with  instructions  to 
report  to  the  Hon.  District  Court  of  Alaska  such  further 
proceedings  as  should  be  had  herein. 

Upon  motion  of  the  United  States  District  Attorney  it 
is  oi'dered  and  adjudged  and  decreed  that  said  sales  be  con- 

60  finned. 


]fi3 


(Exhibit  No.  (i7.) 
Claim  No.  9,  '*  Dolphin." 

EXHIBIT  NO.  67  (&  B.),  CLAIM  NO.  9. 

Copy  of  part  of  record  and  proceedings  in  United  States 
District  Court  in  Alaska  in  case  of  United  States  tvs. 
"  Dolphin." 
The  proceedings  in  this  case  were  siniilt;r  to  those  taken 
'^against  the  schooner  "  Anna  Beck,"  shown  in  Exhibit  No. 
66  (G.  B.),  printed  above,  and  by  order  of  the  Commis- 
sioners, on  consent  of  counsel,  the  following  portions 
only  of  this  exhibit  are  printed : 

In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska,  United  States  of  America. 
To  the  Honorable  Lafayette  Dawson.  Judge  of  said  Dis 
trict  Court: 
The  libel  of  information  of  M.  D.  Ball,  Attorney  of  the 
United  States  for  the  District  of  Alaska,  who  prosecutes 
"°  on  behalf  of  the  said  United  States,  alleges  and   informs 
as  follows,  to  wit: 

That  L.  G.  Shepard,  an  officer  in  the  Revenue  Marine 
Service  of  the  United  States,  duly  commissioned  by  tiie 
President  of  the  United  States,  in  command  of  the  United 
States  Revenue  Cutter  "  Rush,"  and  on  special  duty  in 
the  waters  of  tlie  District  of  Alaska  heretofore,  to-wit: 
on  the  12th  day  of  July,  A.  D.  1887,  within  the  limits  of 
Alaska  Territory,  and  in  the  waters  thereof,  and  within 
the  civil  and  judicial  District  of  Alaska,  to-wit:  within 
^°the  waters  of  that  portion  of  Behring  Sea  belonging  to 
the  United  States  and  said  District,  on  waters  navigable 
from  the  sea  by  vessels  of  ten  (10)  or  more  tons  burden, 
seized  the  steam  schooner  "Dolphin,"  of  Victoria,  B.  C. 
her  tackle,  apparel,  boats,  cargo  and  furniture,  being  the 
property  of  some  person  or  peisons  unknown  to  said  at- 
torney. The  property  is  moie  particularly  described  as  fol- 
lows, to-wit:  Schooner  "  Dolphin  "  of  Victoria,  B.  C.  of  60 
10/100  tons  burden  as  per  legister,  standing  and  running 
rigging,  sails,  engines  and  machinery,  chronometer  and 
'^  nautical  instruments,  clock,  lamps,  carpenters  tools,  books, 
two  anchors,  casks,  cooking  and  table  utensils,  preservers, 
three  rifles,  twenty  shot  guns,  and  ammunition  for  the 
same.,  and  six  hundred  and  eighteen  fur  seal  skins,  and 
all  other  property  found  upon  or  appurtenant  to  said 
steam  schooner. 

That  said  L  G.  Sliepard  was  then  and  there  duly  com- 
missioned and  authorized  by  the  proper  department  of  the 
United  States  to  make  said  seizure.      That  all  said  prop- 
er erty  was  then  and  there  seized  as  forfeited  to  the  United 
States  for  the  following  causes: 

That  said  vessel,  and  her  Captain,  officers  and  crew 
were  then  aiid  there  found  engaged  in  killing  fur  seal 
within  the  limits  of  Alaska  Territory,  and  in  the  waters 
thereof,  in  violation  of  Section  litr)(l  of  the  Revised  Stat- 
tites  of  the  United  States. 

That  all  the  said  property,  after  being  seized  as  afore- 
said was  brought  into  the  port  of  Sitka,  in  said  District, 
and  turned  over  to  the  United  States  Marshal  of  this  Dis- 
60  trict,  with  the  exception  of  the  said  six  hundred  and 
eighteen  (618)  fur  seal  skins,  which  latter  were  brought 
into  the  po''t  Oonalaska,  in  said  territory,  and  delivered 
into  the  keeping  of  Isaac  Anderson,  a  deputy  United 
States  Marshal  of  this  District,  and  all  of  said  property  is 
now  within  the  judicial  District  of  Alaska,  United  States 
of  America. 


1 

f 

w 

'     .■'"       ! 

:i 

P 

164 

(Exhibit  No.  67.) 

And  said  M.  D.  Ball,  attorney  as  aforesaid,  further  in- 
forms and  alleges;  that  on  the  12th  day  of  July,  A.  D. 
1887,  J.  D.  Warner  and  certain  other  persons  whose  names 
are  to  the  said  United  States  attorney  unknown,  who  were 
then  and  there  engaged  on  board  of  said  steam  schooner 
"  Dolphin  "  as  seamen  and  seal  hunters,  did  under  the  di- 
rections and  by  the  authority  of  said  J.  D.  Warner,  then 

lo  and  there  master  of  said  schooner,  engage  in  killing  and 
did  kill,  in  the  territory  and  district  of  Alaska,  and  in  the 
wateis  thereof,  fifty  fur  seals,  in  violation  of  Section  1956 
of  the  Revised  Statutes  of  the  United  States,  in  such  cases 
made  and  provided. 

That  six  hundred  and  eighteen  C618)  fur  seals  so  seized 
on  board  the  steam  schooiier  "  Dolphin  "  constituted  the 
cargo  of  said  schooner  at  the  time  of  the  killing  of  said  fur 
seals,  and  at  the  time  of  said  seizure;  and  said  attorney 
saith  that  all  and  singular  the  premises  were  and  are  true 

20and  within  the  admiralty  and  maritime  jurisdiction  of  the 
United  States,  and  of  this  Honorable  Court,  and  that  by 
reason  thereof,  and  by  force  of  the  statutes  in  such  cases 
made  and  provided,  the  aforementioned  steam  schooner 
being  a  vessel  of  60^Vj  tons  burden,  and  her  sail  apparel, 
tackle,  boats,  cargo  and  furniture  become  and  are  for- 
feited to  the  use  of  the  said  United  States. 

Wherefore,  the  said  attorney  prays  that  the  usual  pro- 
cess and  monition  of  this  Honorable  Court  issue  in  this 
behalf  against  said  steam  schoonei-,  and  all  said  hereinbe- 

30  fore  described  property,  to  enforce  the  forfeiture  thereof, 
and  requiring  notice  to  be  given  to  all  persons  to  appear 
and  show  cause  on  the  return  day  of  such  process  why 
said  forfeiture  should  not  be  decreed,  and  that  after  due 
proceedings  are  had  all  said  property  be  adjudged,  decreed 
and  condemned  as  forfeited  to  the  use  of  the  United 
States,  and  for  such  other  relief  as  may  be  proper  in  the 
premises. 
Dated  September  13th,  A.  D.  1887. 

M.  D.  BALL, 

40  .  United  States  District  Attorney, 

for  the  District  of  Alaska. 

By  A.  K.  DELANEY, 

Special  Asst.  Atty.  for  the  U.  S. 

Endorsed— No.  79.— United  States  District  Court. — Dis- 
trict of  Alaska— The  United  States  vs.  steam  schooner 
"Dolphin."— Libel  of  Information.— Filed  Sept.  13th, 
1887— H.  E.  Hayden,Clerk.— By  A.  \.  Meyer,  Deputy 
Clerk. 

50 

And  afterwards,  to  wit,  on  Sept.  17th,  1887,  a  stipula- 
tion was  filed  in  said  cause,  which  is  in  words  and  figures 
following,  to  wit: 

In  the  District  Court  of  the  Territory  of  Alaska. 

The  United  States  1 

vs.  I 

The  British  Schooners  "Dol-  y 

phin,"       "Anna      Beck,"  i 

60     "Grace "and  "Ada."  j 

It  is  hereby  stipulated  and  agreed  betw-een  the  plaintiffs 
and  the  masters  of  the  defendant  schooners:  that  the 
demurrer  filed  in  the  matter  of  the  information  against  J. 
D.  Warren  and  the  agreement  therein  shall  apply  to  the 
libels  filed  or  to  be  filed  against  the  above  vessels. 


(Exhibit  No.  ti7.) 

It  is  further  stipulated  and  admitted  as  a  fact  that  tho 
masters  of  the  above  vessels  did  kill  seals  during  the 
month  of  July,  1887,  in  that  portion  of  Behring  Sea 
claimed  by  the  United  States  under  the  treaty  of  18(57,  be- 
tween Russia  and  the  United  States,  and  beyond  the  limit 
of  ten  miles  from  the  nearest  land. 

It  is  further  stipulated  that  in  case  the  vessels  or  any  of 
10  them  shall  be  condemned  by  any  order  of  the  Court,  that 
the  same  shall  not  be  sold  until  the  expiration  of  three 
months  from  the  publication  of  any  order  ordering  such 
sale.  And  that  such  sale  shall  take  place  at  Port  Town- 
send  or  some  other  point  on  Puget  Sound. 

It  is  further  stipulated  that  the  defendants  may  give  se- 
curity for  appeal  to  the  Supreme  Court  of  the  United 
States  or  such  other  court  as  may  have  jurisdiction  by 
bonds  of  any  qualified  bondsmen  in  Washington  Territory, 
Oregon,  or  California. 
20  Upon  the  question  of  fact  thus  agreed  upon,  the  parties 
submit  the  cases  to  the  Court  upon  the  law  question  raised 
by  the  demurrer. 

10th  September,  1887. 

On  behalf  of  the  masters  of  the  above  schooners. 

M.  W.  DRAKE. 
A.  K.  DELANEY,  Atty  for  U.  S. 

(Endorsed)— No.  79.— In  the  District  Court,  District    of 

Alaska. — The  United  States  vs.  Schooners  "  Dolphin," 

^0         "Anna  Beck,"  "Grace"  and  "Ada." — Stipulation. — 

Filed  Sept.   13,  1877.— H.  E.  Haydon,  Clerk.— By  A. 

A.  Meyer,  Deputy  Clerk. 

Particulars  of  Eng.4gement. 


Amount  of 

In  what  capacity  en- 
s;age<l  ami  if  Mas- 

Wages 
per  week. 

Amount   of 

Signatures  of  Crew. 

Age. 

ter  or  Engineer  op 

calendar 

Wages 

40 

Mate.     No.  of  his 

m  ()  n  t  h. 

advanced 

Certiti. 

Sharer  on 
voyage. 

on  entry. 

1.  Michael  Kcefe 

Master. 
Engineer. 

Mate  A  Trader. 

Cook  <t  .Steward. 

J40  (lO 
per  mo. 

45  00 
per  mo. 

SO  00 

Willittin  Warreii 

19 
27 
24 

John  Rill 

|I40  00 
None. 

William  Wards 

None. 

per  mo. 

22 

;ii)  00 

50 

J   1)  Warren 

60 
29 

Boat  Master. 
Boat  Puller. 

per  nio. 
35  00 

None. 

.lohn  Douglas  

None. 

0.  F.  Dillon 

Hunter. 
Boat  Puller. 

per  mo. 

as   per 

agreement. 

Will  Ruddock 

None. 

And  afterwards,  to- wit,  on  October  11,  1887,  the  follow- 
ing further  proceedings  were  had  and  appear  of  record  in 
fiosaid  cause,  which  is  in  words  and  figures  following,  to- 
wit: 


ipf 

S!l; 


a .  i 


(Exhibit  No.  07.) 

IN    THE    UNITKD    STATES   DISTRICT   COCRT, 
DISTRICT  OF  ALASKA. 

United  States  1 

vs.  >  No.  75».     Decree. 

Steam  Schooner  "  Dolphin."  i 
This  cause  coming  on  to  be  lieard  this  11th  day  of  Oc- 
lotober,  18S7. 

The  marshal  having  returned  on  the  monition  issued 
to  him  in  the  above  entitled  cause,  that  in  obedience 
thereto  he  had  attached  the  said  steam  schooner  "  Dol- 
phin," her  tackle,  apparel,  boats,  cargo  and  six  hundred 
and  eighteen  (<lls)  fur  seal  skins,  furniture  and  engines 
and  machinery,  and  lias  given  due  notice  to  all  persons 
claiming  the  same  to  appear  before  tills  Court  on  the  ;{rd 
day  of  October.  1^^7.  at  lo  o'clock  a.  m.  at  the  District 
Court  of  Aliiska,  United  States  of  America,  then  and 
2o  there  to  interpo.«e  their  claims  and  make  their  allegations 
in  that  behalf,  and  T.  H.  Cooper  having  heretofore  tiled 
his  claim  as  the  owner  of  all  of  said  property,  and  no 
other  person  having  ap|)eared.  and  no  other  claim  having 
been  tiled  by  or  for  any  oiher  person,  and  the  said  claim- 
ant having  tiled  a  dennnrer  to  the  libel  of  information 
herein,  and  also  a  stipulation  admitting  that  the  fur  seals 
of  which  the  skins  were  found  and  seized  on  said  steam 
schooner  "Dolphin  "'  were  killed  in  that  part  of  Behring  Sea 
claimed  by  the  United  States,  and  beyond  the  limit  of  ten 
30  miles  from  the  nearest  land.  A.  K.  Delaney  appearing  for 
the  United  States  and  \V.  Clark  appearing  tor  said  claim- 
ant, and  said  cause  being  submitted  to  the  Court,  and  the 
Court  being  advised  in  the  premises,  it  is  ordered  that  the 
said  denmrrer  be  overruled,  and  the  said  claimant  re- 
fusing to  plead,  said  cause  is  submitted  to  the  Court  upon 
the  pleadings,  proofs  and  stipulation  filed  herein,  and  the 
Court  being  advised  in  the  premises,  and  having  filed  his 
findings  of  facts  and  conclusions  of  law  herein,  it  ordered, 
adjudged  and  decreed; 
40  1st.  That  all  persons  whatsoever  other  than  the  said 
claimant  be  and  they  are  decreed  to  be  contumacy  and 
default. 

:ind.  That  said  steam  schooner  "  Dolphin,"  her  tackle, 
apparel,  boats,  cargo  and  six  hundred  and  eighteen  (<>1S) 
fur  seal  skins,  furniture  and  engines  and  niachinery  be 
and  the  same  are  heieby  condennied  as  forfeited  to  the  use 
of  the  United  States,  saving  to  the  officers  and  men  on 
said  vessel  their  own  private  property,  such  as  nautical 
instruments,  etc. 
50  ;'>rd.  That  unless  an  appeal  be  taken  to  this  decree 
within  the  time  limited  and  piescribed  by  law  and  the 
rules  of  the  Court,  the  usual  writ  of  venditioni  exponas 
be  issued  to  the  Marshal  commanding  him  to  sell  all  the 
propei'ty,  the  said  steam  schooner  "  Dolphin"  to  be  sold  at 
Port  Townsend  or  some  other  point  on  Puget  Sound,  In 
Washington  Territory,  and  after  ninety  notice  of  said 
sale. 

That  the   proceedings  of  the  sale  of  .said  property  be 
brought  into  this  con  it  to  be  deposited  subject  to  its  order 
60  and  to  be  distributed  according  to  law. 

That  the  costs  herein  be  taxed  and  awarded  against  the 
said  claimant. 
Dated  October  11,  18^7. 

(Signed)  LAFAYETTE  DAWSON, 

District  Dawson. 


10' 


(Exhibit  No.  <17.) 

(Endorsed)— No.  7!».— United  States  vs.  Steam  Schooner 
"Dolphin."— Decree.— Filed  October  11,  ISsT.— H.  E, 
Haydon,  Clerk. 

And  afterwards,  to  wit,  on   April  14ih,  the  defendant 
filed  motion  for  leave  to  perfect  appeal,  which  is  in  words 
and  figures  following,  to  wit : 
'°     In   the   United  States  Distiict  Couit  for  the  Di9tric;t  of 
Alaska.     Hon.  Lafayette  Dawson,  Judge. 

Special  Term. 

The  United  States,  PItf.,    ^ 

'■■s.  I   No.  71'.     Motion  for  leave 

The  British- American  Steam  ;-      to  continue  and  complete 
Schooner   "  Dolphin,"  and  |       appeal. 
Uaigo,  Dcfts.  j 

Comes  now  ]\l.  P.  Bciiy,  I'roctor.  intervening  for  and  on 
2o behalf  of  the  owners  of  the  above  named  vessel  and  cargo 
and  prays  the  Court  for  leave  to  comj)lete  the  appeal   as 
per  the  stipulations  that  are  of  record  in  said  cause. 

M.   P.   BERRY. 
Proctor  for  Owners. 
(Endorsed-  No.  7!*.— In  the  United  States  District  Court 
for  the   District  of   Alaska. -Hon.    Lafayette   Daw- 
sou,  Judge.— Special  Term.    The  United  States  Plain- 
tiff ?'s.  The  British-American  Steam  Schooner  "  Dol- 
phin" and   cargo,   Defendants. — Motion  for  leave  to 
30         perfect  appeal.- Filed  in  open  court  April  14,  ISSO. — 
H.  E.  Haydon,  Clerk.— M.  P.  Berry,  Proctor. 

And  afterwards,  to  wit,  on   Feb.   loth,    ISss,  a  wiit  of 

rendition i  cvpoiias  was  issued  in  said  cause,  which,  with 

the  Marshal's  return,  is  in  words  and  figures  following,  to 

wit: 

In  the  United  States  District  Court,  District  of  Alaska. 

United  States  )  xt     .,,    ^x-  •-    p  t-     1  m  • 

(No.  (0.    W  vit  01  I  etunt/om 

40 steam  Schocmer  "  Dolphin."  )  i^^vpomts. 

The  President  of  the  United  State's  of  America  to  the 
Marshal  of  the  District  of  Alaska,  Greeting: 
Whereas,  a  libel  hath  been  filed  in  the  District  Court  of 
the  United  States  foi'  the  District  of  Alaska,  on  the  i;ith 
day  of  September,  in  the  year  of  our  Lord  one  thcjusand 
eight  hundred  and  eighty-seven,  by  M.  D.  Ball,  United 
States  District  Attorney,  against  the  Steam  Schooner 
'■  Dolphin,"  her  tackle,  apparel,  engines  and  machinery, 
fiH'uiture  and  cargo,  civil  and  maritime,  for  the  reasons 

5° and  causes  in  said  libel  mentioned,  and  praying  the  usual 
l»i'ocess  and  monition  of  said  court  in  that  behalf  to  be  made, 
an<l  that  all  persons  interested  in  the  said  steam  schooner, 
her  tackle,  apparel,  engines  and  machinery,  furniture  and 
cargo  may  be  cited  in  general  and  special  to  answer  the 
piemises,  and  all  proceedings  being  had  tliat  the  said  steam 
schooner,  her  tackle,  a[)parel,  etc.,  may  for  the  causes  in 
the  said  libel  mentioned  be  condennied  as  forfeited  to  the 
use  of  the  United  States,  and  praying  that  the  same  may 

^  be  condennied  and  sold,  to  answer  the  prayer  of  the  said 
°  libelants,  and  whereas  the  said  steam  schooner  and  cargo 
have  been  attached  by  the  process  issued  out  of  the  said 
court  in  pursuance  of  the  said  libel  and  are  now  in  custody 
by  virtue  thereof  and  such  proceedings  have  been  there- 
upon had.  that  by  a  definite  sentence  and  decree  of  said 
court  made  and  pronounced  on  theUthdayof  October, 


Ml 


1,1:.  [ 


lfi8 

(Kxhibit  No.  tiT.) 

1S87,  and  Jill  ordfir  of  sale  of  the  said  court  in  this  cause 
made  on  the  Jith  day  of  Fel)ruary,  isss.  the  cargo  of  said 
steam  schooner,  consisting  of  six  iiundred  and  eighteen 
(♦il8)  fur  seal  skins,  to  lie  sold  by  you,  the  said  Marshal, 
at  Sitk.i,  in  the  District  of  Alaska,  after  giving  at  least 
30  days'  notice,  and  the  said  steam  schooner  "  Dolphin," 
her  tackle,  ajuiarel,  engines,  machinery  and  furniture,  are 
loto  he  sold  hy  you,  the  said  Marshal,  at  fort  Townsend  or 
some  other  point  on  Puget  Sound,  in  Washington  Terri- 
tory, after  !M)  days'  notice  of  said  sale,  and  that  you  pay 
the  [)roceeds  of  such  sale  to  the  Clerk  of  this  Court,  as 
required  hy  law. 

Now,  therefore,  you  "vill  execute  said  decree  and  order 
and  return  this  writ,  and  report  the  manner  in  which  you 
have  executed  this  order  to  this  court. 

Witness,  the   Honor? hie  Lafayette   Dawson.  Judge  of 
said  Court  at  Hitka.  in   the  District  of  Alaska,  this  loth 
20 day  of  February,  in  the  year  of  our  l^ord  one  thousand 
and   eight  hundred   and  eighty  eight,    and    of  our  inde- 
pendence the  one  hundred  and  thirteenth. 

H.  E.  HAYDON, 
Clerk  of  the  U.  S.  Dist.  Court. 
iCopy.) 
In  the  United  States  District  Court,  District  of  Alaska. 

United  States  )  >-     ^,,    i.t.,:*  „«  tt    j-,- 

(No.  (!».   \\v\i  01  veudilioHi 

Steam  Schooner  "  Dolphin."  S      £'-'7">'*««- 

•^°The  President  of  the  United  States  of  Anierica,  to  the 
Marshal  of  the  District  of  Alaska,  Greeting: 
Whereas,  a  libel  hath  been  tiled  in  the  District  Court 
of  the  United  States  for  the  District  of  Alaska,  on  the 
18th  d^y  of  September,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  eighty-seven,  by  M.  D.  Ball, 
United  States  District  Attorney, against  the  steam  schooner 
"  Dolphin,"  her  tackle,  apparel,  engines  and  machinery, 
furniture  and  cargo,  civil  and  maritime,  for  the  reasons 
and  cau.ses  in  the  libel  mentioned,  and  praying  the  usual 

^° process  and  monition  of  the  said  Court  in  that  behalf  to 
be  made  and  that  all  persons  interested  in  the  said  steam 
schooner,  her  tackle,  apparel,  engines  and  machinery, 
furniture  and  cargo  may  be  cited  in  general  and  special 
to  answer  the  premises  and  all  proceedings  being  had  that 
the  said  steam  schooner,  her  tackle,  &c.,  may  for  the 
causes  in  the  said  libel  mentioned  be  condemned  as  for- 
feited to  the  use  of  the  United  States  and  praying  that 
the  same  may  be  condemned  and  sold  to  answer  the  prayer 

,    of  the  said  libellants,  and  whereas  the  said  steam  schooner 

■■'°and  cargo  have  been  attached  by  the  process  issued  out  of 
the  said  District  Court  in  jjursuauce  of  the  said  libel  and 
are  now  in  the  custody  by  virtue  thereof,  and  such  pro- 
ceedings have  been  thereupon  had  that  by  a  definite  sen- 
tence and  decree  of  said  Court  made  and  pronounced  on 
the  1 1th  day  of  October.  18S7,  and  an  order  of  sale  of  said 
Court  in  this  cause  made  on  the  !tth  day  of  February, 
1H88,  the  cargo  of  said  steam  schooner  consisting  of  six 
hundred  and  eighteen  (»iIS)  fur  seal   skins,  to  be  sold  by 

^  you  the  said  Marshal,  at  Sitka,  in  the  District  of  Alaska, 
after  giving  at  least  thirty  days' notice,  and  the  said  steam 
schooner  "  Dolphin,"  her  tackle,  apparel,  engines,  machin- 
ery and  furniture,  are  to  be  sold  i)y  you,  the  said  Marshal, 
at  Port  Townsend,  in  Washington  Territory,  after  ninety 
days  notice  of  said  sale,  and  that  you  pay  the  proceeds  of 
such  sale  to  the  Clerk  of  this  Court  as  required  by  law. 


wi 


Kit) 

(Kxhibit  No.  (17.) 

Now,  therefore,  ^V'HI  will  execute  saiil  flecreo  and  order 
and  return  this  writ  and  rejiort  the  manner  in  which  you 
hare  executed  this  order  to  this  court. 

Witness  the   Honorable   Latayelte   Dawson,  Judge  of 

said  Court,  at  the  City  of  Sitka,  in  the  District  of  Alaska, 

this  10th  day  of  February,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  eighty-eight,  and  of  our  in- 

lodependence  the  one  hundn-l  and  thirteenth. 

H.   E.  HAYDON. 
[seal.]  Clerk  of  the  U.  S.  Dist.  Court. 

(Endorsed)— No.  7!>.— In  the  District  Court,  Judicial  Dis- 
trict, holding  terrnb  at  Sitka. — United  States,  Plain- 
tiff vs.  Steamer  Schooner  "  Dol|ihin,"  Defendant.— 
Writ  of  Venditioni  Hvponas. — Filed  this  sth  day  of 
May,  1S81>.— H.  E.  Haydon.  Clerk. 

20 1 Copy.)  DEPARTMENT  OF  STATE. 

W.ASHIXOTO.V,  October  27,  1888. 

The  Honorable  The  Attorney  (tenerai,. 
Sir: 
Referring  to  previous  correspondence  concerning  the 
disposition  of  the  British   vessels,  "Grace,"  "Dolphin" 
ana  "Anna  Beck,"  condemned  for  taking  .seals  illicitly  in 
Behring's  Sea.     I  have  the  honor  to  acknowledge  the  re 
ceipt  of  your  letter  of  the  'J<»th  instant  on  the  subject,  and 
to  say  in  reply  that  under  the  circumstances  the  wiser 
30 course  for  all  concerned   is  to  let   the  sale  take  place  at 
once,  as  delay  is  impracticable  and  can  only  be  productive 
of  loss. 

I  have  the  honor  to  be,  sir. 

Your  obedient  servant, 

T.  F.  BAYARD. 


File  No 


W.  J.  H. 


40 


6384-1886. 

DEPARTMENT  OF  JUSTICE. 

Washington,  November  U,  1888. 
T.  J.  Hamilton, 

Deputy  U.  S.  Marshal, 

Seattle,  Washington  Territory. 
Sir: 

I  transmit  herewith  a  copy  of  a  letter  of  the  27th  ultimo 
from  the  Secretary  of  State.  In  accordance  with  the  sug- 
gestion made  to  him,  you  will  proceed  to  take  the  neces- 
sary steps  for  the  sale  of  the  vessels  left  in  your  charge, 
CO  and  make  the  sale  as  speedily  as  it  can  be  done  consist- 
ently with  the  interests  of  the  Oovernment.  This  em- 
braces the  "Ada"  as  well  as  the  three  refered  to  by  the 
Secretaiy  of  State.  If  it  be  necessaiy  to  have  additional 
writs  in  order  to  effect  the  sale  legally,  see  that  you  have 
the  proper  process.  If  you  can  make  the  sale  under  the 
present  writs,  proceed  immediately,  and  make  returns 
according  to  law. 

Very  respectfuUv, 

A.  H.  "GARLAND, 
6q  Attorney  General. 


The  following  portions  of  the  proceedings  against  the 
"  Dolphin  "  were  not  offered  as  part  of  Exhibit  67  (G.  B.), 
printed  above,  and  under  the  rights  reserved  for  that  pur- 


fW 


hi 


9 


170 

(U.  S.  Exhibit  B.) 

pose  by  tho  counsel  for  the  United  States  have  been  spe- 
cified by  them  as  a  separate  (U.  S.)  exhibit  to  be  printed 
in  connection  therewith. 

SUPPLEMENTAL  (U.  S.)  EXHIBIT  "  B." 

Mahshai/s  Return  on  Whit  of  Venditioni  Exponas. 

"^      United  s;tates  of  Amkkica,      )  ^^ 
District  of  Washington  Territory.  )  *"'■ 

I.  T.  J.  Hamilton,  Unitjid  States  Marshal  for  the  District 
of  Washington  Territory,  do  hereby  certify  that  the  an- 
nexed writ  of  rviidiliohi  I'.rijoiias,  P^'o.  7i»,  issued  out 
of  Ihe  U.  S.  District  Court  of  Alaska,  Feb.  10,  1H88. 
directed  to  th(*  Marshal  of  the  District  of  Alaska,  which 
writ  and  steam  s<.ho(in«'r  "  Dolphin,"  her  tackel,  apparel, 
engines  and    machinery,   fuiiiiture  and  cargo,  civil  and 

,Q  maritime,  were  delivered  to  me  at  Port  Townsend,  W.  T., 
on  the  7th  day  of  Septend)er,  isss  (in  conformity  to  direc- 
tions liy  tt'k'gram  from  tiie  Departn'ient  of  Justice  of  the 
United'States,  September  •'.,  iNSSi,  by  Barton  Atkins,  U. 
S.  Marshal  of  the  Distiictof  Alaska,  excepting  the  cargo 
of  the  said  steam  schooner,  consisting,  as  recited  in  said 
writ,  of  six  hundrt'd  and  eighteen  (018)  fur  seal  skins, 
which  were  to  be  sold  by  the  Marshal  of  Alaska  in  Sitka, 
in  the  District  of  Alaska. 

In  conformity  with  the  directions  of  said  writ,  and  the 

^Q  instructions  from  the  Department  of  Justice  of  the  United 
States,  and  from  the  District  Court  of  Alaska,  I  did  ad- 
vertise said  sale  of  the  said  steam  schooner  "  Dolphin," 
her  tackle,  apparel,  engines,  machinery  and  furniture  in 
the  l)((ilij  Call,  which  is  a  weekly  newspaper,  published 
at  the  city  of  Port  Townsend,  in  the  county  of  Jefferson, 
in  the  Territory  of  Washington,  at  least  once  a  week,  and 
was  during  all  of  the  time  of  general  circulation  in  said 
Jefferson  County,  for  ninety  days,  to-wit,  from  the  2(}th 
day  of  December,  1888,  to  the  2(>th  day  of  March,  1889, 

.Qat  Port  Townsend,  offer  for  sale,  and  did  sell  at  public 
auction  said  steam  schooner  "  Dolphin,"  her  tackle,  ap- 
parel, engines,  machinery  and  furniture  to  William  Olson 
for  $1,225.00,  cash  in  hand,  he  being  the  highest  and  best 
bidder  for  the  same. 

I  now  make  return  of  said  writ  to  the  said  Court  with 
my  report  of  the  manner  in  which  I  have  executed  tiie 
same,  and  pay  into  the  Clerk  of  the  said  Court  the  pro- 
creeds  of  said  sale,  after  deducting  the  costs  and  fees  of 
said  sale  as  follows,  to  wit: 

50  Costs. 

Towing,  Mooring  and  Docking. 
By  L.  B.  Hastings,  owner  Str.   "Enterprise." 

Voucher  No.  1 $40  00 

Marshal's  Commission  on  proceeds  of  sale  $1,225, 

2%  on  first  $500,  1%  on  balance 17  25 

Amount  returned  into  Court 1,167  75 

$1,225  00 

In  witness  whereof  I  hereunto  set  my  hand  this  6th  day 

60  of  April,  1889,  at  Seattle  in  the  Territory  of  Washington. 

BARTON  ATKINS, 

U.  S.  Marshal  for  Alaska, 
By  T.  J.  HAMILSTON, 
U.  S.  Marshal  for  Washington  Ter., 

Deputy. 


171 


lO 


(Kxhibit  No.  «8.) 

(Endorserl)  -No,  7!t.— In  tlie  U.  S.  District  Court,  in  and 
for  the  District  of  Alasita.  — Th«!  United  States  vs. 
steam  Schooner  "Dolphin."— Writ  of  Venditioni  Ejc- 
;joHfi.<».— Returned  and  filed  April  'J4,  1S89.  -H.  E. 
Haydon,  Clerk. 

Return  on  Whit  of  Vk.nuitioni  Exponas. 
United  States     | 
vs 
Schr.  "  Dolphin."  ) 

1  herehy  certify  and  retniii  that  I  received  the  within 
writ  of  Vviiilitioiii  E.ri>(niitn  on  the  loth  day  of  February, 
|ss«,  and  in  accordance  with  coniniaml  thciein,  I  di(l  sell 
the  cargo  therein  mentioned,  in  Sitka,  Alaska,  on  the  Dtth 
day  of  ,  isss,  consisting  of  five  hundred  and 

ninety-six  (■'ilMli  fur  seal  skins  for  the  sum  of  two  thousand 
two   hundred   and    thirtytive  dollars,  to  J.  I).   Warren, 

2i) after  giving  thirty  days'  notice  of  said  sale  The  pur- 
chaser above  mentioned  being  the  highest  and  best  bidder 
at  .«aid  sale,  Also  a  number  of  guns,  for  the  sum  of  two 
hundred  ninety-nine  and  ,V'(t  dollais.  which  I  paid  to  the 
Clerk  of  the  U.  S.  District  Court,  on  the  '2'M  day  of  April, 
ishs,  as  commanded  by  said  Court. 

At  sales  subsetjuent  to  April  I'.tth,  IHSH,  I  realized 
sixty-two  and  ^\',,  dollars  on  guns,  amnuniition,  etc., 
which  1  now  return  into  Court  as  conmianded  by  said 
writ:     I  further  certify  that,  as  commanded  by  the  within 

3owiit,  1  caused  the  said  schooner  "Dolphin."  with  her 
tackle,  etc.,  to  lie  taken  to  Port  Townsend,  W.  T.,  on  the 
l!Hh  day  of  July,  ]8«8,  and  there  advertised  the  same 
for  sale,  as  commanded  by  said  writ.  On  the  18th  day  of 
August,  Isms,  I  received  the  following  dispatch  from  the 
Department  of  Justice,  to- wit:  "  Postpone  sale  of  the  con- 
demned schooners,  and  await  further  instructions  by 
mail."  On  the  (ith  day  of  September,  1888,  I  received  fur- 
ther instructions  from  the  Department  of  Justi(;e.  for  me 
to  return  to  my  District  and  to  deputize  T.  J.  Hamilton, 

40  U.  S.  Mar:  hal  for  Washington  Territory,  and  tranisfer  cus- 
tody of  said  schooners  to  him,  with  full  power  to  act.     In 


accordance  with  said  instructions,  I  did  on  the  7th  day  of 
September,  1888,  appoint  T.  J.  Hamilton  Deputy  Marshal 
for  the  District  of  Alaska,  and  transfer  to  him  full  custody 
of  said  schooner,  together  with  the  original  writ  of  Ven- 
ditioni Exponas  in  this  case,  with  instructions  to  report  to 
the  Honorable  District  Court  of  Alaska  such  further  pro- 
ceedings as  should  be  had  herein. 
50  BARTON  ATKINS, 

U.  S.  Marshal  for  the  District  of  Alaska, 


Claim  No.  10.    "Oraoe." 

EXHIBIT  No.  68  (0.  B.),  CLAIM  No.  10. 

Copy  of  part  of  record  and  proceedings  in  United  States 
District  Court  in  Alaska  in  case  of  United  States  vs. 
60  "Grace." 

The  proceedings  in  this  case  were  similar  to  those  taken 
against  the  schooner  "Anna  Beck,"  shown  in  Exhibit 
No.  66  (G.  B.)  printed  above,  and  by  order  of  the  Commis- 
sioners, on  consent  of  counsel, the  following  portions  only 
of  this  exhibit  are  printed. 


«l^ 


(Exhibit  No.  O*.) 

In  tlie  L'nitetl   States   District  Court,  in  and  for  the  Dis- 
trict of  Alaska,  United  States  of  America. 
To  the  Honorable  LaFayette  Dawson.  Judge  of  said  Dis- 
trict Court: 
The  libel  of  information  of  M.  D.  Ball,  Attorney  of  the 
United  States  for  the  Distiict  of  Alaska,  who  prosecutes 
on  beiialf  of  the  said   United  States,  in  the  name  and  ou 
lo behalf  of  tiie   said  United   States,  alleges  and  informs  as 
follows,  to  wit: 

That  L.  G.  Shepard,  an  officer  in  the  Revenue  Marine 
service  of  tlie  United  States,  duly  commissioned  by  tlie 
President  of  the  United  States,  in  command  of  the  United 
States  Revenue  Cutter  "  Rnsh,"  and  on  special  duty  in 
the  waters  of  the  D'«trict  of  Alaska,  beietofore,  to  wit. 
on  the  ITi'..  day  of  July,  A.  1).  18S7,  within  the  limits  of 
Alaska  Territory  and  in  the  vvaters  tht>reof  and  within  the 
civil  and  judicial  District  of  Alaska,  to  wit:  within  the 
20  waters  of  that  portion  of  Bebring  Sea  belonging  to  the 
United  States  and  said  District,  on  waters  navigable  from 
the  sea  by  vessels  of  ten  or  more  tons  l)urden.  seized  the 
steam  schoonei-  "Gracf."  of  Victoria,  B.  C,  her  tackle, 
apparel,  boats,  cargo  and  furniture,  being  the  property  of 
some  |)erson  or  persons  unknown  to  said  Attorney.  The 
properly  is  more  particularly  described  as  follows,  to  wit: 
Steam  Schooner  "  Grace,"  of  Victoria,  B.  C,  Tti.srt  tons 
burden  as  per  register,  engines  and  machinery,  standing 
and  running  rigging,  sails,  chronometer  and  nautical  in- 
30strni.ients.  clock,  lamps,  carpenters'  tools,  books,  two 
anchors,  casks,  cooking  utensils,  provisions,  two  rifles  and 
six  shot-guns,  and  .annnunition  for  the  .same  and  seven 
hundred  nnd  sixty-nine  (,7*)lt)  fnr  seal  skins,  and  all  other 
pro|)erty  found  or  appurtenant  to  said  steam  schooner. 
That  said  \j  (J.  Shepard  was  then  and  there  duly  commis- 
sioned and  authorized  by  the  proper  def)artment  of  the 
United  States  to  make  said  seizures. 

That  all  said  i)roperty  was  then  and  there  seized  as  for- 
feited to  the  United  States  for  the  following  causes: 
40  That  the  said  vessel,  her  officers  and  crew  were  then 
and  there  found  engaged  in  killing  fur  seals  within  the 
limits  of  Alaska  Territory  and  in  the  said  waters  thereof, 
in  violation  of  Section  l!tr)ti,  of  the  Revised  Statutes  of  the 
United  States. 

That  all  the  said  propeity  after  being  seized  as  aforesaid 
was  brought  into  the  Port  of  Sitka,  in  said  District.  ;ind 
tmned  over  to  the  United  States  Marshal  of  this  District, 
with  the  exceptioi\  of  the  said  seven  lumdred  and  sixty - 
nine  ("O'.t)  fur  seal  skins,  which  latter  were  brought  into 
Sothe  Port  of  Oonala.ska  and  delivered  into  the  kee[)ing  of 
Isaac  Anderson,  a  Deputy  United  Staves  Marshal  of  this 
District,  and  all  of  the  said  propei'ty  is  now  within  the 
Jndicial  District  of  Alaska,  United  States  of  America. 

And  said  M.  D.  Ball,  attorney  as  aforesaid,  further  in- 
forms and  alleges:  That  on  the  ITtb  day  of  July.  A.  D. 
1S87,  Wm.  Petit,  and  certain  other  persons  whose  names 
are  to  the  said  United  States  attorney  unknown,  who 
were  then  and  thei'o  engaged  on  hoard  the  said  steam 
schooner  "Grace"  as  seamen  and  seal  hunters,  did  under 
fc the  directions  and  by  the  authority  of  said  Wm.  I'etit, 
then  and  there  master  of  said  scliooner,  eng.ige  in  killing 
and  did  kill  in  the  Territory  and  District  of  Alaska,  and  in 
the  waters  thereof,  fifty  fur  seals,  in  violation  of  Section 
lSt.5(!  of  the  Reviseil  Statutes  of  the  United  States,  in  such 
ca'ies  made  and    provided.     That    the  .sai('  seven  hundred 


173 

(Exhibit  No.  6S.) 

and  sixty- nine  (769)  fur  seal  skins  and  other  goods  so 
seized  on  board  the  steam  f^chooner  "Grace "constituted 
the  cargo  of  said  s-team  schooner  at  the  time  of  the  killing 
of  the  said  fur  seals  and  at  the  time  of  said  seizure. 

And  said  attorney  saith  that  all  and  singular  the  prem- 
ises were  and  are  true,  and  within  the  admiralty  and 
maritime  jurisdiction  of  the  United  States  and  of  this 
10  Honorable  Court,  and  tiiat  by  loasoii  thereof,  and  by  force 
of  the  statutes  in  such  cases  maile  and  provided,  the  afore- 
mentioned steam  schooner  being  a  vessel  of  (io.  1(»  tons 
burden,  and  her  said  apparel,  tackle,  boats,  cargo  and 
furnituie  become  and  are  forfeited  to  the  use  of  the  said 
United  States. 

Wherefore  the  said  attorney  ]»rays  that  the  usual  pro- 
cess and  monition  of  this  Honorable  Court  issue  in  tliis 
behalf  against  said  schooner  and  all  said  hereinbefore  de- 
scribed ])roperty  to  enforce  the  forfeituie  thi  .t  j*",  and  re- 
20  quiring  notice  to  lie  given  toallpersons  toappviuand  show 
cause,  on  the  return  day  <;f  said  ])rocess  why  said  forfeit- 
ure should  not  be  decreed;  and  that  after  due  proceedings 
are  had,  all  said  property  be  adjudged,  decreed  and  con- 
demned as  forfeited  to  the  use  of  the  United  States,  and 
for  such  other  relief  as  mav  be  proper  in  the  prennses. 
Dated 

M.  D.  BALL, 
United  States  District  Attorney  for  the  District 
of  Alaska,  by  A.   K.   Delaney,  Sjiecial  Asst. 
30  Atty.  for  U.  S. 

(Endorsed)— No.  so. — United  States  District  Court,  Dis- 
trict of  Alaska. — The  United  States  vs.  Steam 
Schooner  Grace. — Libel  of  Information.— Filed  Sept. 
13,  1S87.— H.  E.  Haydon,  Clerk.— By  A.  A.  Meyer, 
Deputy  Clerk. 


40 


List  of  Persons  Composin'g  the   Crew  of  the  Ste.am 

SCHOONF.R     "Gr.\CE''    OF    ViCTORI.V,    B.    C,    AVHERKOF 

Wm.  Petit  is  Master,  bound  for  N.  P.  Ucean  and 
Behring  Sea. 


174 

(Exhibit  No.  C)S.) 

Aud  afterwards,  to  wit,  on  October  11,  lh87,  the  follow- 
ing further  proceedings  were  had  and  ajipear  of  record  in 
said  ca^se,  which  are  in  words  and  iignres  following, 
to  wit: 

In  the  United  States  District  Court,  District  of  Alaska. 

United  States  } 

lo  vs.  [■  No.  iSd.     Decree. 

Steam  Schooner  'Grace."  ) 

This  cause  coming  on  to  be  beard  this  1 1th  day  of  Octo- 
ber, lss7. 

The  Marshal  having  returned  on  the  monition  issued  to 
him  ill  the  above-entitled  cause  tliat  in  obedience  thereto 
be  bad  attached  the  steam  schooner  "  (irace,"  her  tackle, 
apparel,  boats,  cargo  and  seven  bundred  aud  sixty-nine 
(7<'>!h  fur  seal  skius.  furniture  aud  engines  and  machinery 

2oaud  lias  given  due  notice  toall  persons  claiming  the  same 
to  ajipcar  before  this  court  oil  tbe  :{rd  day  of  October.  iss7, 
at  10  o'clock,  .\.  M.,  at  tbe  District  Court  of  Alaska,  United 
States  of  America,  then  and  there  to  interpose  their  claims 
and  make  their  allegations  in  that  bebalf,  and  T.  H. 
Cooper  having  beietofore  tiled  bis  claim  as  tbe  owner  of 
all  said  property,  and  no  other  person  having  appeared 
aud  no  other  claim  baving  been  filed  by  or  for  any 
otlit'i'  person  and  tlie  said  claimant  having  tiled  a  demur- 
rer to  tbe  libel  of  information  bei'eiii  and  also  a  stipula- 

3otioii  admitting  t!<at  tbe  fur  seals  of  wbicli  the  skins  were 
found  and  seized  on  said  steam  schooner  "  Grace"  were 
killed  in  tbat  ])art  of  Hebring  Sea  claimed  by  the  United 
States,  and  beyond  the  limit  of  ten  miles  from  tbe  nearest 
lanil,  A.  K.  Delaney  appearing  for  the  I'nited  States  and 
W.  Clark  appearing  for  said  claimant  and  said  cause  be- 
ing submitted  to  the  Court  and  tbe  Court  being  advised 
in  the  premises  it  is  ordered  tbat  the  said  demurrer  be 
overruled,  and  the  said  claimant  refusing  to  i)lead.  said 
cause  is  submitted  to  tlie  Court  upon  tbe  pleadings,  proofs 

4oaiid  stii)ulatioii  liled  herein,  and  the  Court  being  advised 
in  the  premises  and  baving  filed  bis  findings  of  facts  and 
conclusions  of  law  herein,  it  is  ordered,  adjudged  and  de- 
creed : 

1st.  Tbat  all  per.sons  whatsoever  other  than  the  said 
claimant  be  and  they  are  agreed  to  be  in  contumacy  and 
default. 

2nd.  That  tbe  said  steam  scbooner  "  (irace,"  her  tackle, 
apparel,  boats,  cargo  and  seven  bundred  and  sixty-nine 
I  7t'i(t)  fur  seal  skins,  furniture  and  engines,  machinery,  be 

S'-' and  the  same  are  hereby  condennied  as  forfeited  to  the 
use  of  the  United  States,  saving  to  tbe  officers  and  men  on 
said  vessel  their  own  jirivate  property,  such  as  nautical 
instninients,  etc. 

;in!.  That  unless  an  ajipeal  be  taken  to  this  decree 
within  the  timt>  limited  and  prescribed  by  law  and  the 
rules  of  the  Court,  tbe  usual  writ  of  VeiiditioHi  Exponas 
be  issued  to  the  Marshal  commaiuling  bim  to  sell  all  the 
proi)erty,  the  said  steam  schooner  "  Grace"  to  be  sold  at 
Port  Ttiwnsend  or  some  other  point   on    Puget   Sound   in 

6o  Washington  Territory  and  after  ninety  days'  notice  of  said 
sale. 

4th.  That  the  proceedings  of  the  sale  of  said  property 
be  lirought  into  this  Court  to  be  deposited  subject  to  its 
order  aud  to  be  distributed  according  to  law. 


175 


(Exhibit  No.  (!S.) 

Tiiat  the  costs  herein  be  taxed  and  awarded  against  the 

said  claimant. 

Dated  October  11,  issT. 

(Signed.)        LA  FAYETTE  DAWSON, 

District  Judge. 

(Endorsed) —United  States  vs.  Steam  Schooner  "Grace." 

—Decree.  — Filed,  October  11,    lss7._H.    E.  Haydon, 

10         Clerk. 

In  the  United  States  District  Court,  District  of  Alaska. 

United  States  )  »t       ,.,,      ,,r  •■     e  r^     ,-,  • 

'  No.    so.     u  rit  of  I  cndifioni 

Steam  Schooner  "Grace."  \      ^-*P""f'«- 
The  President  of  the   United  States  of  America,  to  the 
Marshal  of  the  District  of  Alaska,  greeting: 
Whereas,  a  libel  hath  been  tiled  in  the  Distiit't  Court  of 
the  United  States  for  the  District  of  Alaska,  on  the  i:5th 
day  of  Se|iteniber.  in  the  year  of  our  Lord  one  thousand 

20 eight  'lundred  and  eighty-seven,  by  M.  I).  BiiU,  United 
States  Distiict  Attoiney,  iigainst  the  Steatn  Schooner 
"Gracf>,"  her  tackle,  ajipart'l,  engines  and  machinery, 
furniture  and  cargo,  civil  aiid  maritime,  for  the  reasons 
and  causes  in  said  libel  mentioned,  and  praying  the  usual 
j>ro('essand  monition  of  the  said  Court  in  that  l)ehnlf  to  be 
made,  and  that  all  persons  interested  in  the  .said  steam 
schooner,  hei' tackle,  ai)parel,  engines  and  machinery,  fur- 
niture and  cargo,  may  be  cited  in  general  a.id  special  to 
answer  tlie  premises  nnd  all   jiioceedings   being  had  the 

jOsaid  steam  schr..  her  tackle,  etc..  may  for  the  causes 
in  tiic  said  lil)el  mentioned  be  condemed  as  forfeited  to 
the  use  of  tlie  United  States,  and  praying  that  the  same 
may  he  condemned  and  sold  to  answer  the  prayer  of  the 
said  lihellnnt.  and  whereas  the  said  steam  scliooner  and 
cargo  have  been  attached  by  the  process  issued  out  of  the 
said  District  Court  in  pursuance  of  the  said  libel  and  are 
now  in  custody  by  virtue  thereof  and  such  proceedings 
liave  been  thereupon  had  that  a  (lefinit(>  sentence  and  <le- 
cree  of  said  Court  made  and   ])ronounced  on   the  11th  day 

40of  October,  18S7,  and  an  order  of  sale  of  the  s.-iid  Court  in 
this  cause  made  on  the  !»th  day  of  February,  1888, 
the  cargo  of  said  steam  sclK»oner  consisting  of  7(>!*  fur 
.seal  skins  to  I)"  sold  by  you  the  said  Marshal,  at  Sitka, 
in  the  District  of  Alaska,  after  giving  at  least  thirty  days 
notice  and  the  said  steam  schooner  "  ({race."  her  tackle, 
apparel,  engines  and  machinery  and  furniture,  are  to  be 
sold  by  you  the  said  Marshal,  at  Port  Towiiseiid  or  some 
other  point  on  Puget  Sound,  in  Washington  Territory, 
after  ninety  days  notice  of  said  sale,  and  that  you  pay  the 

50  proceeds  of  such  sale  to  the  clerk  of  this  Court,  as  re- 
quired by  law. 

Now  therefore  you  will  execute  said  decree  and  oi-der 
and  return  this  writ  and  report  the  manner  in  which  you 
have  executed  this  order  to  the  Court. 

Witness  the  Honorable  La  Fayette  Dawson,  Judge  of 
said  Court,  at  the  City  of  Sitka,  in  the  District  of  Alaska, 
this  lOtb  day  of  Feiiruary  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  eighty  eight,  and  of  our  inde- 
pendence the  one  hundred  and  thirteenth. 

60  H.  E.  HAYDON, 

Clerk  U.  S.  District  Court. 
(Endorsed)-  No.  8(».— In  the  District  Court,  Judicial  Dis- 
trict, holding  terms  at  Sitka.— United  States  vs.  steam 
schooner  "Grace." — Writ  of  Venditioni  hhponas. — 
Filed  this  24th  day  of  Apr.,  1889.— H.  E.  Haydon, 
Clerk. 


i  ' 


170 


(Exhibit  No.  fiS.) 
In  the  United  States  Distiict  Court,  District  of  Alaska. 
Unitetmates  i  j^.^    g„      Wv\t  of  Venchfionl 

Steam  Schooner  "Grace."  (     Exponas. 

The  President  of  tlie  United  States  of  America,  to  the 
Marshal  of  the  District  of  Alaska,  greeting: 
Whereas,  a  libel  hath  been  filed  in  the  District  Court  of 

'°the  United  States  for  the  District  of  Alaska,  on  the  18th 
day  of  Se])tend)er,  in  the  year  of  our  Lord  one  thousand 
eight  liundred  and  eighty-seven,  by  M.  D.  Ball,  United 
States  District  Attorney  against  the  steam  schoonei' 
"  Gince,"  her  tackle,  apparel,  engines  and  machintMy, 
furniture  and  cargo,  civil  and  maritime,  foi-  the  reasons 
and  causes  in  said  libel  mentioned,  and  ])raying  the  usual 
process  and  monition  of  the  said  court  in  that  behalf  to  be 
made,  and  that  all  persons  interested  in  the  said  steam 
schooner-,  her  tackle,  a])parel.  enginesand  macliinery.  fur- 

~°nituie  and  cargo  may  lie  cited  in  general  and  special  to 
answer  the  premises  and  all  i)i'oceedings  being  had  the 
said  steam  schooner,  her  tackle,  &c.,  may  for  the  causes 
in  the  said  libel  mentioned  be  condemned  as  forfeited  to 
the  use  of  the  United  States,  and  praying  that  the  same 
may  be  condemned  and  sold  to  answer  tlie  prayer  of  the 
said  libelant,  and  whereas  the  .^aid  steam  scluioiier  and 
cargo  liave  been  attaclied  by  the  process  i.ssued  out  of  the 
said  District  Court  in  pursuance  of  the  said  lii)el  and  are 
now  in  custody  by  virtue  thereof,  and  such   proceedings 

3° have  been  tliereuf)on  had  that  liy  a  definite  sentence 
and  decree  of  said  court  made  and  pronounced  on 
the  11th  day  of  October.  l!S87,  and  an  oider  of  sale 
of  the  said  cf)urt  in  this  cause  made  on  the  Hth 
day  of  FeliruaiT,  1S,«S,  the  cargo  of  scliooner  consisting 
of  7tii»  fur  seal  skins  to  be  sold  by  you,  the  said 
Marshal,  at  Sitka,  in  the  District  of  Alaska,  after  giving 
at  least  thirty  days  notice,  and  the  said  steam  schooner 
"  Grace,  "  her  tackle,  apnarel,  enginesand  machinery  and 
fuiiiiture,  are  to  be  sold  oy  you  the  said  Marshall,  at.  Port 

4°Tov.nsend,  or  some  other  point  on  Puget  Sound  in  Wash- 
ington Teiiiti  ry,  after  ninety  days  notice  oi  said  sale,  and 
that  you  pay  the  proceeds  of  such  sale  to  the  Clerk  of  this 
Court  as  required  by  law. 

Now,  therefore,  you  will  execute  said  decree  and  order 
and  return  this  writ  and  report  the  manner  in  which  you 
have  executed  this  order  to  the  Court. 

Witness  the  Honorable  LaFayette  Dawson,  Judge  of 
said  Comt,  at  the  City  of  Sitka,  in  the  District  of  Alaska, 
this  loth  day  of  February,  in  the  year  of  our  Lord  one 

5°  thousand  eight  hundred  and  eighty-eight,  and  of  our  inde- 
pendence the  one  hundred  and  thn-teenth. 

H.  E.  HAYDON. 
Clerk  U.  S.  District  Court. 
(Endorsed  )— No.  SO. — In  the  District  Court.— Judicial 
District,  holding  tei-ms  at  Sitka. — United  States  vs. 
Steam  Schooner  "Grace" — Writ  of  Venditioni  Eie- 
pojms.— Filed  this  8th  day  of  May,  1889. -H.E. 
Haydon,  Clerk. 


6o 


The  following  portions  of  the  proceedings  against  the 
"  tirace"  were  not  offered  as  part  of  Exhibit  68  (G.  B.), 
printed  above,  and  under  the  rights  reserved  for  that  pur- 
pose by  the  counsel  for  the  United  States  have  been  spe- 
cified by  them  as  a  separate  (U.  S.)  exhibit  to  be  printed 
in  connection  therewith. 


1( 


ii4 


[U.  S.  Exl.ihil  '•(■•."; 

SUPPLEMENTAL  (U.  S.)  EXHIBIT  "  C." 
Rktuhx  on  Whit  ok  Vioxditiom  Exponas. 
Thk  Unitkd  Statks    of    Amkiuca,  /  .    . 
District  of  Wasliingtou  Teiritorv,    )  ^^ " 
I,  T.  J.  Hamilton,  United   States  Marslial  for  tlie  Dis- 
trict of  Washington  Territory,  do  iu'rel>v  certify  tliat  tiie 
annexed  wi'it  of    \'eii(lil/(>ii/    Kr/xDuis  No.  Mii,  issued  out 
'°of   the    U.S.  District   Court   of   Alasi<a,  wliich    writ  ;)<id 
steam  sdioouer  "  Grao","'  lior  tacivie.  aiiparei,  engines  and 
machinery,  furniture  and  cargo,  civil  and  maritime,  weie 
delivered  to  me  at  Port  Townsend,  W.  T..  on  the  7th  day 
of  Septemher,  isss  (in  co.iformity  to  directions  hy  tele- 
gram  from    the    Department   of    Justice   of  th<!   L'nited 
States  Septeml)er  <i,  issS)  hy   ]5arton   Atkins,  T.  S.  Mar- 
shal of  the  District  of  Alaska,  excepting  the  cargo  of  said 
steam  schooner,  consisting,  as  recited  in  said  writ,  of  7<i!t 
fur  seal  skins,  which  were  to  he  sold   hy  the   Marshal  of 
2° Alaska  in  Sitka,  in  the  Distiictof  Alaska. 

In  conformity  with  the  directions  of  said  writ,  and  the 
instructions  frotn  the  Department  of  Justice  of  the 
United  States,  and  from  the  District  Court  of  Alaska,  I 
did  advertise  said  sale  of  the  said  st'.'am  schooner 
"Grace,"  lier  tackle,  appaiel,  engines  and  machinery  and 
furniture  in  the  Daih/  Cull,  which  is  a  weekly  news- 
paper, puhlislied  at  the  City  of  Port  Townsend,  in  the 
County  of  Jefferson,  in  the  Territory  of  Washington,  at 
least  once  a  week,  and  was  during  all  of  the  time  of  gen- 
3°eral  circulation  in  said  Jeflt'erson  County  for  ninety  days, 
to  wit:  From  the  2Hth  day  of  Decemher,  18SS,  to  the  2(>th 
day  of  March,  issy;  and  I  did  on  the  2t!th  da>  of  March, 
1889,  at  Port  Townsend,  offer  for  sale  and  did  sell  at  puh- 
lie  auction  said  steam  schooner  "Grace,"' her  tackle,  ap- 
parel, engines  and  machinery  and  furniture  to  Carrmgton 
&  Lowe  for  ?^],f)-2r),  cash  in  hand,  they  being  the  highest 
and  best  bidders  for  same. 

I  now  make  return  of  said  writ  to  the  snid  Court,  with 

my  report  of  the  manner  in  which   I   have  executed  the 

"^^same,  and  ])ay  into  the  Clerk   of  said   Court  the  proceeds 

of  such  sale,  after  deducting  the  costs  and  fees  of  said 

sale  as  follows,  to  wit: 

Costs. 

Towing,  mooring  and  docking  by 

L.  B.  Hastings,  owner  Str.   "Enterprise." 

Voucher  No.  1 - -        $-tO  On 

W&  'fage,  J.  A.  Kuhn,  voucher  No.  2 20  oo 

Marshal's  com.  on  proceeds  of  sale. 

11,525.00,  1%  on  1st.  !?i)O0.0o,  l,r?,  on  balance 2o  ::T) 

5°  Amount  returned  into  Court .      1,444  75 

81,52;")  00 
In  witness  whereof  I  have  hereunto  set  my  hand  this 
6th  day  of   April,    lS8(t,  at  Seattle  in  the  Territory  of 
Washington. 

BARTON  ATKINS. 

U.  S.  Marshal  U^r  Alaska. 
By  T.  J.  HAMILT'XN, 
U.  S.  Marshal  for  Waslungton  Territory 
"°  and  Deputy. 

(Endorsed)— No.  80.— In  the  U.  S.  District  Court,  is  and 
for  the  District  of  Alaska. — The  United  States  vs. 
Steam  Schooner  "  Grace."— Writ,  t>f  \\itfHHo)ii  Ex- 
ponas.—Returned  and  filed  April  24th,  ls^y.— 11.  E. 
Haydon,  Clerk. 


jlpR 

vm 

: 

.■,:i     .■ 

178 


(U.  S.  Exhibit  "C") 

United  States  of  America, 

In  account  with  Commercial  Wharf,      Dr. 

I88y. 

March  20.     To  berths  at  said  wharf  for  schooners 

"Grace,"   "  Dolphin.  "  Ada,"   and 

"Anna  Hecii."  for  1")   days,   from 

September  7th  to   2 1st,    inchisive, 

10  and    March     -Jtitli.  iss'.t,   at  !?40.oo 

per  mtli 820  00 

Received  pavinentof  T.  J.  ?familton. 
Port  Townsend,  W.  T.,  March  L'Tth,  issit. 

J.  A   KUHN. 
Owner  of  said  wharf. 
1. 
Hastincjs  Steamboat  Company. 

Port  Townsend,  W.  T..  :Marcli  2s,  ISS!). 
United  States  to  .steanifn'  "  Enterprise,      Dr. 


2o  l.s^s. 
Sept. 


•JO.  To  towinji'  schooner  "(Jrace"  from 
Conuneicial  ilock,  i'ort  Townsend, 
to  iiead    of    I'ort    Townsend    Bay, 

and   niooring _-. $20  00 

Mill.  20.  'i'o  towing  schooner '■  (irace'"  from 
licad  of  I'oft  'i'ownsend  Bay  and 
tlockinj;-  at  Conuncrcial  wharf, 
Port  TownsiMid - 20  oo 


30  s4(»  00 

Heceivtd  from  l'.  S,  Marsl  il  T.  .J.  Hamilton  the  sum 
of  fortv  if<-  'i.iini  in  full  for  abcvc  amount. 

L.  B.  HASTlNdS. 

( )wner  Sti'.  "  Enterprise." 

Marsshai/s  h'ETL'iiN  (IN   WinT   oi'   N'KMimoM   Exponas. 

United  States  r.s.  Schooner  "Cirace." 

Iveccived  tlie  within  writ  of  n-mJUioiii  ccpoitas  on  the 
4010th  ilay  of  Fcliriiary.  A.  D.  Isss,  and  in  accordance  with 
the  connnand  tlierejn,  I  did  sell  \\w.  carj;'o  then^in  men- 
tioned at  Sitka.  Alaska,  on  tiie  lutli  day  of  April,  ls^>^, 
consisting;  of  seven  Inmdred  and  sixty-nine  fur  sealskins 
for  the  sum  of  two  thousand  five  iunidred  and  thirty- 
fieven  and  y„",y  (82.r);57.7o)  dollars  to  J.  I).  Warren  after 
giving  thirty  days  notice  of  said  sale.  Tho  purchaser 
being  the  higiu'si,  and  best  bidder  at  said  sale;  also  a  num- 
ber of  gunsfor  tiie  sum  oi'  r.iiiety-one  and  ,''„"„  (>^!M. ;">(»)  dol- 
lar:, making  .a  tot.al  of  two  iIk  r.  and  six  hundred  twenty- 
50  nine  and  ,2,,",,  (!s2,(;21i.20i  dollais,  which  I  jiaid  to  the  Clerk 
of  the  U.  S  Court  on  the  2:U"t  day  of  A\)\i\,  Isss,  as  com- 
manded by  said  writ. 

At  sales  subsecpient  to  April  lit,  is.sH,  I  realized  one 
Innidred  thirty  five  and  ,V(t  (*l'i."<.27)  dollars  on  guns, 
amnumition,  etc,  which  1  now  return  into  Court  as  com- 
manded l)y.said  writ. 

1  further  certify  that,  as  commanded  by  the  within 
writ.  I  caused  the  said  schooner  "(irace."  with  her 
tackle,  etc.,  to  betaken  to  Port  Townsend,  in  the  Terri- 
6otory  of  Washington,  on  thj  I!»tb  day  of  July,  18S8,  and 
there  advertised  the  same  for  sale,  as  commanded  by  said 
writ.  On  the  Isth  day  of  August,  1S88,  I  received  the 
following  dispatch  from  the  Department  of  Justice,  to 
wit;  "  Postpone  sale  of  condenmed  schooners,  and  await 
further  instructions  by  mail,"  and  on  the  6th  day  of  Sep- 


17!> 


(Exhibit  No.  W».) 

teniber,  ISHS,  I  received  fuither  instiiictions  from  the  De- 
partment of  Justice  for  me  to  return  to  my  District,  and 
to  deputize  T-  J.  Hamilton,  L'.  S.  Marsiiai"  for  Washing- 
ton Territory,  and  transfer  custody  of  said  schooners 
to  him.  with  full  power  t(t  act.  In  accordance  with  said 
directions  I  did,  on  the  7th  dav  of  September,  isss,  appoint 
the  said  T.  J.  Hamilton,  Deputy  IJ.  S.  Marshal  for  the 
loDistiict  of  Alaska,  and  did  transfer  to  him  full  custody  of 
said  scliooner,  tojjether  with  the  ()ri^;inal  writ  of  vciidi- 
f/'diii  e.rpoiias,  in  this  case,  with  instructions  to  report  to 
tile  Honoralile  District  Court  of  Alaska  such  furtiier  pro 
cecdings  as  siiould  be  had  herein. 

BAh'TON     ATKINS, 
L'.  S.  Marshal  for  District  of 
Alaska. 


Claims  Nob.  6,  7,  9,  10  (Continued). 

^° EXHIBIT  No.  69  (G,  B.),  CLAIMS  Nos.  6,  7,  9  and  10. 

Gk.NKUAI.    I'dWKK   OK    A'VTOHXKV    !•  lioM    T.    H.     CoOl'KU    TO 

J.  D.  Waukkn,  ..atkd  Novkmbeh  4th,  Issg. 
Know  all  men  by  these  ))resents  that  I.  Thomas  Heiiry 
{'oii|icr  of  San  Francisco,  California  Cnited  Stat'',  of 
America  Engineer,  for  divers  good  causes  and  consiilera- 
tions,  nie  thcremito  moving  have  nominated,  constituted 
and  appointed,  fuid  by  these  presents  do  make,  nominate, 
constitute  and  appoint  James  Douglas  Warren  of  the  City 

3°of  Vjctoiia  Ibitish  Columbia  Master-  Mariuei',  my  true  and 
lawful  attorney  for-  me  and  in  my  nanre  and  on  mv  behalf 
and  foi'  my  sole  aral  exclusive  use  and  benefit  to  denraud, 
I'ecovei' and  receive  from  all  and  ever'V  or'  any  jjcrsoir  or' 
))eisons  wjiorrrsoi'ver  all  and  every  sum  and  surirs  of 
money,  goods,  chattels,  effects  and  things  whatsoever 
which  now  are  or-  is.  or-  which  shall  or'  may  hereafter'  a|)- 
pear'  to  be  dire,  ouing.  payable  or'  b"longirrg  to  rrre  whether 
t'oi' rent  or  arrear's  of  rent  oi- otherwise  irr  respect  of  my 
real  estate,  or'  for  tiie  prirrcipal  money  and  inter'est  now 

4° or  hereafter  to  become  payable  to  rrre  ,rpori  or-  in  resjrect 
of  arry  .Mortgage  or'  other'  secirrity,  or-  for-  the  iirt(,>r'est 
(IV  dividerrds  to  accrue  or'  becoirre  payable  to  rrre  for 
or'  rri  respect  of  rrrry  shares,  stock  or'  iirterest 
wirich  I  rrray  now  or'  hereafter-  hold  iir  airy  Joirrt  Stock  or 
Incorporated  Coirrpany  or'  Companies,  or- fur' any  rrroneys 
or  securities  for  money  wiiich  me  now  or  hereafter  may 
be  <bie  or  owing  or'  belonging  to  me  upon  any  Horid,  Note. 
Bill  or  Bills  of  Exchange,  halarrce  of  .\rconrrt  Curi'ent. 
consignment,  coiiti'act,  decr'te,  jirdgnr(;irt.  or'der- or' execu- 

5^^tiiiii.  or'  upon  arry  other  account. 

Also  to  examine,  state,  settle,  li(|nidate  and  adjust  all 
or  any  account  or  accounts  deiKMiding  lietweeii  rrre  and  any 
person  or  persons  whomsoever.  And  to  sign,  dr'aw,  make 
or  endorse  my  nanre  to  ;uiy  Cherpie  or  Checpies  or  orders 
for  the  jiaviueut  of  money  Bill  or  Bills  of  Kxchairge,  or 
Note  or  Notes  of  Hand,  in  which  I  rcii  or  shall  Ire  inter- 
ested or  concerned,  whicli  shall  be  reriiisite.  And  also  in 
my  name  to  draw  upon  any  Bairk  or  Hanks,  Irrdividual 
or  Individuals,  for  any  sum  or  sums  of  morrev  that  is  or 

°may  be  to  my  credit  or  which  I  am  now  or  may  be  en- 
titled to  receive,  and  the  same  to  deposit  :  i  any  Bank  or 
other  place,  and  again  at  pleasui'e  to  draw  •'rom  time  to 
time  as  I  myself  could  do.  And  upon  the  vecovery  and 
receipt  of  all  and  every  or  any  sum  or  sums  of  money, 
goods,  chattels,  effects,  or  things  due.  owirrg,  payable  or 


180 


(Exhil)it  No.  <ilt.) 

belongiiifi  to  me  for  mo  and  in  my  name  and  as  my  act 
and  deed  lo  siv!].  execute  and  deliver  such  good  and  suf- 
ticient  receipts,  releases  and  acquittances,  certificates,  re- 
conveyances, surrenders,  assignments,  memorials,  or  other 
good  and  etTectual  discharges  as  may  be  retjuisite. 

Also  in  ciise  of  neglect,  refusal  or  delay  on  the  part  of 
any  i)erson  or  pel  sons  to  make  and  render  just,  true  and 
lofuli  account,  payment,  delivery  and  satisfaction  in  the 
piemises  him,  them  or  any  of  them  thei'eunto  to  compel, 
and  for  that  purpose  for  me  and  in  my  name  to  make  such 
claims  and  demands,  arrests,  seizuies,  levies,  attach- 
ments, distraints  and  seipiest rations,  or  to  connnence.  in- 
stitute, sue  and  jirosecute  to  judgment  and  execution  such 
actions,  ejedments  and  suits  at  law  or  in  eipiity  as  my 
said  attorney  shall  think  fit;  also  to  ap])eai'  hefoie  all  or 
any  Judges.  Mngistiates,  orothei  Officers  of  tlie  C'cjurls of 
Law  or  Ecpiity.  and  then  and  there  sue,  plead,  answer, 
2odefen(l.  and  leply  in  all  matters  and  causes  concerning  the 
pi'emises;  and  also  lo  exei'cise  and  executes  all  Powers  of 
Sale  or  Foreclosure,  and  all  other  jioweis  and  authorities 
vested  in  me  hy  any  mortgage  or  nioi  tgages  belonging  to 
me  as  mortgagee. 

And  also  in  case  of  any  ilitt'ereiice  or  disjiute  with  any 
person  or  jiersoiis  concerning  any  of  the  matters  aforesaid 
to  submit  any  sucli  differences  and  disputes  to  arbitration 
or  umpirage  in  such  manner  as  my  said  attorney  shall  see 
fit;  and  lo  compound,  compromise  and  to  accept  jjait  in 
30satisfactioii  for  the  payment  of  the  whole  of  any  debt  or 
sum  of  money  payable  to  me  or  to  grant  an  extension  of 
time  for  the  iiayment  oi  the  same,  either  with  or  without 
taking  security,  or  otherwise  to  act  in  respect  of  the  same 
as  to  my  said  attorney  shall  appear  most  expedient. 

And  also,  for  me  and  in  my  name,  or  otherwise  on  my 
behalf,  to  take  possession  of  and  to  let,  set,  manage  and 
improve  my  real  estate,  lands,  messuages  and  heredita- 
ments whatsoever  and  wheresoever,  and  from  time  to 
time  to  appoint  any  agents  or  servants  to  assist  him  or 
40  them  in  managing  the  same,  and  to  displace  or  remove 
such  agents  or  servants,  and  appoint  others,  using  therein 
the  same  power  and  discretion  as  I  might  do. 

And  also,  as  and  when  my  said  attorney  shall  think  fit 
to  sell  and  absolutely  dispose  of  my  said  real  estates,  lands 
and  heieditaments,  also  such  shares,  stocks,  bonds,  mort- 
gages and  other  securities  for  money  as  hereinbefore  men- 
tioned, either  together  or  in  parcels,  for  such  price  or 
prices,  and  by  public  auction  or  private  contract,  as  to  my 
said  attoriuiy  shall  seem  reasonable  or  expedient,  and  to 
50  convey,  assign,  transfer  and  make  over  the  same  respect- 
ively ito  the  purchaser  or  purchasers  thereof,  and  to  permit 
the  same  to  remain  unpaid  for  whatever  time  and  upon 
whatever  security,  real  or  personal,  either  comprehending 
the  purchased  property  or  not  as  my  said  aUorney  shall 
think  safe  and  proper. 

And  further,  foi  .e  and  in  my  name  and  as  my  act 
and  deed  to  execuue  and  do  all  such  assurauces,  deeds, 
covenants,  and  things  as  shall  be  required,  and  my  said 
attorney  shall  see  fit,  for  all  or  any  of  the  purposes  afoie- 
6osaid;  and  to  sign  and  give  receipts  and  discharges  for  all 
or  any  of  the  sums  of  money  wh'ch  shall  come  to  his  or 
their  hands  by  virtue  of  the  powers  herein  contained,  and 
which  receipts,  whether  given  in  my  name  or  that  of  my 
said  attorney,  shall  exempt  the  person  or  persons  paying 
such  sum  or  sums  of  money  from  all  responsibility  of 
seeing  to  the  application  thereof. 


IH1 


(Exhil)it  No.  t>!>.) 

And  also,  for  me  and  in  my  namo,  or  otherwise,  and  on 
my  behalf,  to  enter  into  any  aereement  or  arrangenu-nt 
with  every  or  any  [)erson  to  whom  1  am  or  shall  lie  in- 
debted touching  the  payment  or  satisfaction  of  his  de- 
mand, or  any  part  thereof;  and  generally  to  act  in  relation 
to  my  estate  and  effects,  real  and  |)ers()nal,  as  fully  and 
effectually,  in  all  respects,  as  I  myself  could  do  if  person- 
10 ally  present;  it  being  hereby  expressly  declared  that  all 
the  powers  aforesaid  may  be  exercised  only  in  respect  of 
my  real  and  personal  property  situate  anil  being  within 
the  Dominion  of  Canada  and  not  otherwise  or  elsewhere. 
And  I  hereby  grant  full  power  to  my  said  attorney  to 
substitute  and  appoint  one  or  more  attorney  or  attorneys 
under  him  with  the  same  or  more  limited  powers,  and 
such  substitute  or  substitutes  at  ])leasure  to  remove 
and  others  to  appoint.  1,  the  said  Thomas  Heniy 
Cooper,  heieby  agreeing  and  covenanting  for  myself, 
20  my  heirs,  executors  and  administrators,  to  allow,  ratify 
and  confirm  Avhatsoever  he,  the  said  attorney  or  his  sub- 
stitute or  substitutes  shall  do  or  cause  to  be  done  in  the 
premises  by  virtue  of  tbess?  presents,  including  in  such 
confirmation  whatsoever  shall  be  done  between  the  time 
of  my  decease  or  of  the  revocation  of  these  presents,  and 
the  time  of  such  decease  or  revocation  becoming  known 
to  said  attorney,  or  such  substitute  or  substitutes. 

As  witness  my  hand  and  seal  this  fourth  day  of  Novem- 
ber,   in  the  year  of  our  Lord  one  thousand  eight  hundred 
3oand  eighty-six. 

T.  H.  COOPER.        [SEAL.] 
Signed,  sealed  and  delivered  by  the  said  Thomas  Hexky 
Cooper  in  the  presence  of 

EDWIN  FRETVVELLand 
JAMES  L.  KING, 

Notary  Public. 
I  hereby  certify  that  Thomas  Henry  Cooper,  personally 
known  to  me,  appeared  before  me  and  acknowledged  to 
me  that  he  is  the  person  mentioned  in  the  annexed  instru- 
40ment  as  the  maker  thereof,  and  whose  name  is  signed 
thereto  as  party;  that  he  knows  the  contents  thereof,  and 
that  he  executed  the  same  voluntarily. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and 
seal  of  office  at  San  Francisco,  Cal.,  CJ.  S.  A.,  this  fouith 
day  of  November,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  eighty-six. 

JAMES  L.  KING. 
[notarial  seal.]  Notary  Public. 

A  Notary  Public  in  and  for  the  City  and 
50  County    of    San    Francisco,   State    of 

California. 
Her  Bkitannic  Majesty's  Consulate, 
San  Francisco. 
To  all  to  whom  these  presents  shall  come,  I,  Charles 
Mason,   her  Britannic  Majesty's   Acting  Consul   for  the 
States  of  California,  Oregon  and  Nevada,  and  for  the  Ter- 
ritories of  Washington,  Idaho,  Utah  and  Arizona,  residing 
in  San  Francisco,  do  hereby  certify  that  James  L.   King, 
before  whom  the  annexed  instrument  was  executed,  is  a 
60  Notary  Public  duly  commissioned  and  practicing  in  this 
City  and  County  of  San  Francisco,  to  whose  acts  full  faith 
and  credit  can  be  given,  both  in  judicature  and  thereout. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
Seal  of  Office.in  San  Francisco,  the  fourth  day  of  Novem- 
ber, A.  D.  One  Thousand  Eight  Hundi-ed  and  Eighty-six. 

CHARLES  MASON, 
[seal.]  H.  B.  M.  Acting  Consul. 


i'i 


182 


(Exliiliit  No.  7.  U.  S.) 

United  States   Exhibit. 

EXHIBIT  NO.  7  (U.  S.)  CLAIMS  NOS   6,  7.  9.  10. 

STATKMKNT   ok    DkKKNSK    ok    J.    BOSC'OWITZ,     IN     I'HINTED 
WeCOHI>     on      Al'l'KAl,.    Si  I'ltKMK     COUKT     OK      MUITIHII 

Coi.LMHiA.   IN    SriT   15kt\vk,kn    IIannah    VVakkkn   ct 
(i/s.  AND  JosKi'ii   HoHConiTZ  et  <i/.,  kit. 

'O  I.  Diu'iiij;- all  tiic  tiiiu's  nicntidiifd  in  tlie  Statt'iiieiit  of 
C'laiin  and  (•ontiimaily  s-incc  and  now  and  during  all  the 
tinios  mentioned  in  tin*  Stati'incnt  of  Dcfcnco  tlic  plaintitf 
was  an<l  still  is  the  wife  ot  ont;  JaiiitJs  Douglas  Wairon,  of 
tin' City  ot  Victoria,  master  rnarinor. 

:.'.  That  the  said  steam  vessel,  tho  "  Baihara  Ho.scowitz," 
was  coiistiiK  ted  liy  the  said  .1.  D.  Waiien  and  l)y  hiui 
legistered  in  the  name  of  .J.  A.  Sayward.  who  held  the  said 
vessel  only  as  a  trnslee  for  the  said  J.  1).  VVairen.  and  tlie 
.-aid  vessel  was  mortgaged  to  the  defendant,  Hoscowitz,  to 

20secure  s:{o.(i(iu  and  mteiest  moneys  advanced  hy  the  de- 
fendant, iioscowit/,  towards  the  construction  and  other- 
wise on  account  of  the  vessel. 

;?.  That  hesidi  s  tlie  said  suutof  .s;i(i.(i(in  so  secured  hy  the 
said  mortgage  upon  the  said  steamer,  "Baihara Boscowitz," 
theie  was  at  the  time  of  the  offer  by  auction,  hereinafter 
mentioned,  a  large  siun  of  money  due  from  the  said 
James  D.  Wairen  to  flu*  defendant,  J.  I'oscowitz,  which 
moneys,  together  with  the  said  sum  of  ,*3o,(iou,  amounts 
to  s<;4, ;")(•:!. ().'),    and  which  said   sum  of  money  was   also 

.5° secured  hy  a  judgment  of  the  Su))reme  Court  of 
British  Cohunhia,  dated  ITth  Decemher.  IHS"),  and 
also  hy  mortgages  over  a  numher  of  sealing  schoon- 
ers owned  hy  the  said  J.  D.  Warren.  That  on  or 
about  th.e  i;Uh"  day  of  February,  issfl,  the  sum  of  $8o,00(», 
besides  an  arreai'  of  interest  and  some  other  moneys  re- 
maining due  to  the  Defendant,  J.  Boscowitz,  under  the 
security  of  the  said  mortgage,  the  defendant,  J.  Bosco- 
witz, offered  tlie  said  vessel,  ''Barbara  Boscowitz,"  for 
sale  at   public  auction   at  the  City  of  Victoria,  but  there 

4° being  no  bidders,  one  R.  S.  By rn,  at  the  request  of  the 
said  defendant,  bought  the  vessel  in.  The  said  defendant 
was  an  American  subject  and  could  not  hold  the  ship  in 
his  own  name. 

4.  At  the  time  of  the  said  auction  offer  the  said  James 
D.  Warren  was  the  agent  of  the  defendant  Joseph  Bosco- 
witz, and  had  managed  large  sealing  interests  for  the  said 
defendant,  the  result  of  which  had  been  to  considerably 
reduce  the  judgment  debt  owing  by  the  said  James  D. 
Warren  to  the  defendant,  and  for  the  purpose  of  holding 

So  the  said  vessel  as  a  security  for  moneys  owing  to  the  said 
defendant,  it  was  ])roposed  hy  the  said  James  D.  Warren 
that  the  steamer  should  be  registered  in  his  wife's  name, 
but  on  account  of  difficulty  in  I'egistiation  the  defendant 
Thomas  H.  Cooper  was  sent  for,  and  an  account  was  then 
struck  between  the  said  James D.  Warren  and  the  defend- 
ant Joseph  Boscowitz  of  the  moneys  remaining  owing 
to  the  defendant  upon  bis  said  judgment,  and  other- 
wise to  the  defendant  by  the  plaintiff,  on  account 
of    their    businesir      relations,    and     the     defendant    be- 

6oing  about  to  1  ?ave  for  England,  entrusting  his 
affairs  in  British  '^'olumbia  to  the  agency  of  the  said 
James  D.  Warren,  it  was  arianged  between  the  said 
James  D.  Wairen  and  the  defendant:'  Boscowitz  and 
Cooper  that  all  of  the  vessels,  including  the  said  "  Barbara 
Boscowitz,"  should  be  transferi'ed  to  the  name  of  the  said 


(Exbil)ifs  Nos.  7n  and  71.) 

Thdinas  Ht'iiry  Cooju'r,  iiiid  upon  tlic  stiikiiif^  of  llic  said 
arconnt  of  tlic  dcalin^.s  iM'twccn  llic  di-IVudaiit  .1.  Hosco- 
witz  and  the  said  James  I).  W'linvn,  the  snni  of  Tliirty- 
Hvf  tlion^and  six  Imnditd  and  twenty-one  dollars  and 
twenty-six  cents  was  fonnd  to  he  the  lialanee  due  fi'oin 
the  said  James  |).  Waiien  to  the  drfendant  Joseph  l5os- 
cowitz, 

lo  ."».  The  said  Thomas  Henry  Cooper  tle'ii  and  there,  at 
the  request  and  diieelion  of  the  said  James  |).  W'ai'ien, 
executed  moi'tf^ajies  to  secinc  foitv-oue  thousand  dollars 
$H,unn).  heiii'j;  the  ahove  halan<e'of  s;;,-,.(;lM  :.'tl,  and  a 
furtiitM' sum  of  !?"',:mS.7-J,  then  advanced  in  cash  to  the 
said  James  1),  Warri'U.  Tiie  mort;;ages  so  executed  liy 
the  said  .James  I),  Warren  were  upon  the  vessels  and  for 
the  sums  tollowiui,'.  that  is  to  say:  On  the  "  Baihara  Hos- 
cowit/,"'  i*i'n.nno;  on  the  "  (ira<e.""  sc  (lOO;  on  the  "Dol- 
phin," !i<t;,(Mi(»;  on  the  "  Anna  Heck,"  s.-ijinii;  on  the  '*  Say- 

20  war<l."  ifii.WHi;  on  the  "  Itustlci',"  si,.".(M(.  'I'otal,  s41,no'u. 
ti  Th«!  plaintiff  took  no  pait  in  the  said  transactions, 
and  tiie  same  were  carried  on  solely  hy  the  said  James  1). 
Warren,  and  the  said  defendant  'I'.  H  Cooper  liad  no  in- 
terest in  the  pioperty  except  as  a  trustei.'  for  the  said 
James  D.  Warren. 

7.  That  since  tiie  date  (jf  the  said  mortgaj^o  of  the  said 
steamer  "  Barbara  Boscowitz,"  tlie defendant  J.  i^oscowitz 
has  made  advances  for  repairs,  insurance,  etc..  amounting 
to  >!<l(t,f)0(»,  and  has  received  in  all  on  account  of  the  said 

30 steamer  the  sum  of  !?11,!)()0.  and  the  interest  moneys 
which  were  owing  to  the  defendant,  Boscowitz,  in  respect 
of  his  ."-aid  mortgage  to  the  ir)th  January,  iss!».  was 
$4,L'tia  IT).  The  steamer  is  entitled  to  a  credit  of  ^1,673 
for  insurance  i-efnnds,  leaving  an  actual  balance  due  to 
the  defendant  J.  Boscowitz  upon  the  mortgage  security  of 
the  said  steamer  "'Barbara  Boscowitz"  of  $;^n,  I'.tU.  1."). 
Save  as  herein  stated,  the  defendant,  Joseph  Boscowitz. 
denies  ea'di  and  every  all(>gation  in  the  Statement  of 
Claim,  and  that   the  defendant,  Joseph  Boscowitz,  claims 

40  the  same  benefit  as  if  he  had  denmrred  to  the  Statement  of 
Claim. 


Claim   No.  11,  "Ada." 

EXHIBIT  No.  70  (G.  B.),  CLAIM  No.  11. 

Transcript  of  Register,  Scliooner  "  Ada."   Dated  March 
'j;^,  isitH. 
50     By  order  of  the  Commissioners  on  cimsent  of  Counsel 
this  Exhibit  is  not  printed. 


EXHIBIT  No.  71  (Q.  B.),  CLAIM  No.  11. 

Bill  of  Sale,  Ship  •Ada." 
(The  description    of  the   vessel   in   this   instrument    is 
omitted  hy  consent  of  counsel). 

I,  Frederick  Ellwood  White  of  No.  H8  Yokohama,  Japan. 
°in  consideration  of  the  sum  of  Thirteen  hundred  and 
thirty-three  I{;{/10(>  dollars  paid  to  me  by  James  Joseph 
(Jray,  Ship  Owner  of  No.  -2-i  Bluff  Settlement,  Yokohania, 
Japan,  the  receipt  whereof  is  herel)y  ackuowleged,  transfer 
Twenty-one  sixty-fourths  shares  in  the  ship  above  par- 
ticularly described,  and   in  her  boats,  guns,  amnumition, 


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(Exhibit  No.  72.) 

small  arms  and  appurtenances  to  the  said  James  Jos^'ph 
Gray. 

Further.  I,  the  said  Frederick  Ellwood  White,  for 
myself  and  my  heirs  covenant  with  the  said  James  Joseph 
Gray  and  his  assigns,  that  I  have  power  to  transfer  in 
manner  aforesaid  the  premises  hereinbefore  expressi^d  to 
he  transferred,  and  that  the  same  are  free  from  inciim- 
•obrances. 

In  witness  whereof  I  have  heieunto  subscribed  my 
name  and  affixed  my  seal  this  Twelfth  day  of  April,  One 
thousand  eight  hundred  and  eighty-six. 

(Signed)        FRED.  E.  WHITE.        [seal  | 
Executed  by  the  above  named  Frederick  Ellwood  White 
in  the  presence  of 

Russell  Robektsox, 
[.SEAL.]  H.  B.'M.  Consul. 

Entered  this  L'2d  day  of  April,  1hs«;. 
20        [seal.  I  11.  B.  M."s  Registry  Office  of  Shipping, 

Shanghai.  L'2d  April,  iMSfi. 
(Endorsement.) 
Sept.    5,  1SJI4.     I  have  this  day  transferred  to  (George 
Byrnes  of  Victoria  Irijl  of  (!4  shares  of  the  claim  against 
the  Government  of  the  f .  S.  A.  in  respect  of  seizure  and 
confiscation  of  the  within  mentioned  ves^iel. 
Witness,  Fkedekick  Dlnbau  Walkek. 

(.Signed)        JAMES  J.  GRAY. 
Nov.  5,  ls!»5.— I  have  this  day  transferred  to  Cuyler 
3°  A.  Holland  of  Victoiia,    12J  of  t'A  shrires  of    the  claim 
against    the  Government  of  the  U.  S.  A.    in  respect  of 
seizure  and  confiscation  of  the  within  mentioned  vessel. 
(Sgd.)        JAMES  JOSEPH  GRAY. 
Witness.  Joseph  C'LEANHrE. 


EXHIBIT  No.  72  (0.  B.)  CLAIM  No.  11. 

Bill  of  Sale  Ship  "Ada." 
40     (The  description  of  the  vessel   in  this  instrument  is 
omitted  by  consent  of  counsel.) 

I,  Fredeiick  Ellwood  White  of  Yokohama,  Japan.  Coal 
Merchant,  in  consideration  of  the  sum  of  Two  thousand 
thi-ee  hundred  and  sixty-eight  -j^o'V  dollars,  paid  to  me  by 
James  Joseph  Gray,  shipowner,  of  Yokohama,  Japan, 
the  receipt  whereof  is  hereby  acknowledged,  transfer 
Twenty-two  Sixty-fourths  Shares  in  the  Ship  above 
particularly  described,  and  in  her  boats,  guns,  ainnm- 
nition,  small  arms  and  appurtenances,  to  the  said  James 
50  Joseph  Gray. 

Further,  I,  the  said  Frederick  Ellwood  White,  for  my- 
self and  my  heirs  covenant  with  the  said  James  Joseph 
Gray  and  his  assigns,  that  I  have  power  to  transfer  in 
manner  aforesaid  the  premises  hereinbefore  expressed  to 
be  transferred,  and  that  the  same  are  free  from  incum- 
brances. 

In  witness  whereof  I   have  hereunto  subscribed   my 
name  and  affixed  mv  seal  this  thirtieth  day  of  March,  one 
thousand  eight  hundred  and  eighty-seven. 
60  vSigned)        FRED'K.  E.  WHITE,     [seal.] 

Executed  by  the  above-named  Fkederick  Ellwood 
White  in  the  presence  of 

JOHN  GARY  HALL.  [seal.  | 

Acting  Consul,  British  Consulate, 

Ka.iagawa,  30th  March,  18S7. 


f-u, 


185 

(Exhibit  No.  73.) 

Entered  this  fourteenth  day  of  April,  18»7,  at  H.  15  a.  m. 
H.  B.  M.  Registry  Office  of  Shippinp  Shanghai,  Uth 
April,  1887.  "^"^  *  [SEAL.] 

(Endorsement.) 
Sept.  5th,  1894.— I  have  this  day  transferred  to  George 
Byrnes  of  Victoria   laj    out  of  «4  shares  of  the  claim 
against  the  Government  of  U.  S.  A.  in  respect  of  seizure 
loand  confiscation  of  the  within  mentioned  vessel. 

(Sigd.)        JAMES  JOSEPH  GRAY. 
Witness,  Fredekick  1)unbar  Walkek 
November  5th,  ]8!»5.— I  have  this  day  transferred    to 
Cuyler  A,  Holland,  of  Victoria,  121  out  of  (i4  shares  of  the 
claim  against  the  Gov't,  of  the  U.  S.  A.  in  respect  of  seiz- 
ure and  confiscation  of  the  within  mentioned  vessel. 

(Sigd.)       JAMES  JOSEPH  GRAY. 
Witness,  Jos.  Cleanhue. 


20 


EXHIBIT  No.  78  (0.  B.),  CLAIM  No.  11. 

Statement  of  Expenses  in  Connection  with  Schooner 

"Ada." 
J.  J.  Gray,  Esq., 

In  A/c  with  F.  E.  White. 
April   19/86.     To  1/3  of  $3,900  15/100,  being  cost 
of  outflt  of  British  Schooner 

3°  Ada," $1,300  06 

By  cheque |850 

"         884  Kf)     1,234  Sfl 

Balance  due !fir>5.»)9 

F.  E.  WHITE. 

H.  Mac  Arthur  «&  Co., 
70  Yokohan)a. 

.Q  Balance  1/3  outfit  ' '  Ada, " $05  1!> 

Int.  on  purchase 27  30 

Coal  a/c 7  75 

H.  M.  Co.  on  a/c  75  00 

Cheoue.. 124  70      $300  00 

By  cneque  from  White  a/c  "Ada," 3ou 


Yokohama,  April  5/S«t. 
50  J.  J.  Gray,  Esq., 

Dr.  to  F.  E.  White. 
To  interest  due  on  $1,333  33/100  from  Jan'y.  12 
to  April  5/80,  being  83  days  at  i*%  p.  an- 
num         $27  30 

Paid 

F.  E.  WHITE. 


60 


Mrs.  A.  S.  Gray, 


Yokohama,  11/9.  1880. 


Atty.  for  J.  J.  Gray,  Dr.  to  II.  MacArtiiuu&Co. 
For  fee  attending  Ship's  business  $150  as   p. 

agreement $75  (mi 

Rec'd  on  a/c. 

H.  MacArthur. 


186 

(Exhibit  No.  74.) 
Claim  Ho.  4,  "  Favonrite." 

EXHIBIT  No.  74  (0.  B.),  CLAIM  No.  4. 

TRANSCRIPT  OF  REGISTER  FOR  TRANSMISSION  TO 
CHIEF  REGISTRAR  OF  SHIPPING. 


lo 


20 


30 


Official  Number  of  Ship. 
61802. 

Name  of  Ship. 
"  FaTourila." 

No.,  Date  and  Part  of  RMriitry. 
June,  1888.     Victoria,  6.  C. 

Whether  Britlah 
or  Foreign  Built 

Whether  a  Sailing  or 
Steam  Ship ;  and  if  a 
Steam  Sliip,  how  pro- 
pelled. 

Where  Built. 

When  Built. 

Namt;    and    Ad- 
dress of  Build- 
ers. 

British. 

Sailing. 

Sooke,  B.  C. 

April  28, 
I8«8. 

Smith  Burr, 
of  Sooke. 

Number  of  Oeclia .  One. 
Number  of  MibU  .  .Two. 

Rigged Scho<iner  fore  end  sfl. 

Stern Elliptical. 

Build CarTel. 

Oallerie* Ni)no. 

Head Billet. 

Framework  Pinowood. 

Lenetli  from  fore  part  of  item, 
under  the  bowsprit,  to  the  aft 
aide  of  the  head  of  the  stern  post 

Main  breadth  to  outside  of  plank. 

Depth  in  hold  from  tonnage  deck 
to  ceiling  at  midships 

Depth  in  hold  from  npper  deck  to 
ceiling  at  midships  in  the  case  of 
three  decks  and  unwardii 

Feet.    Tenths. 

71            6 
22            ii 

8             B 

Length  of  engine 

room,  if  any... 

Particulaks  op  Tonnage. 


Qroas  Tonnage. 

Under  Tonnage  Deck 

Closcd-in  spaces  aboTe  the  Ton- 
nage Deck,  if  any 

Space  or  spaces  between  decks. 

4o^°r.^u^:::::::;.;:::;::;: 

No.  of  Tons. 
78.82 

6  t2 
70,  M 
79.  M 

Deductions  Allowed. 

On  account  of  space  required 
for  propelling  power 

On  account  of  spaces  occupied 
by  Seaman  or  Apprentices, 
and  appropriated  to  their 
use,  and  kept  free  from  goods 
or  stores  of  ev(ry  kind,  not 
being  the  |)ersonal  property 
of  the  crew   

These  spaces  are  the  follow- 
ing, viz.: 

ToUl  Deductions 

No.  of  Tons. 

Other  closed  in  spaces,  if  any,  as 

follows: 
Raised  Quarter  Deck 

Oross  Tonnage 

Deductions,  as  |ier  Contra 

Registered  Tonnage 

50 


Name  of  Master,  Hugh  Mackay. 


Names,  Residence,  and  Description  of  the  | 
Owners,  and  number  of  Sixty-fourtii  > 
Shares  held  by  eaeli,  vlt.:  ) 

ilroii  McKat,  of  Virtiiria,  British 
Oiiiumbia,  Shipmaster, 
Sixty-lour  (64)  Slinres. 


60     Dated  the  isth  day  of  June,  18fi8. 


Registrar,  W.  HAMLEY. 


187 


(Exhibit  No.  74.) 

Copy  Transactions  Subsequrnt  to  Registry,  for  Transmission  to  Registrar- 
Obneral  of  Shipping  and  Seamen. 


Number  of 

Name   of    Person 

Nnmber 

Date  of  Registry. 

Nature  and  date  of 

Name  of  transferee, 

TriDsacUont, 

from  whom  title 

of  shares 

transaction. 

mortgagee,         or 

Is  derived. 

1 
1 

affected. 

other   person    ae- 
qnirlng    title    or 
power. 

10 

, 

Hugh  McKay. 

t 
48 

Juni>    18th,    1868, 

Miirtgaga  for  |t6.- 
UOO  with  interest 

William  Spring  of 

18th  June,  , 

8.4n  P.  M. 

Victoria.    B.    C. 

16(18.  8.4B 

at    12",^    per   an- 

Shipowner. 

r.  M. 

1 

. 

num,  dated    June 
18lh,  1868. 

2 

William  Spring. 

48 

September    22nd, 
18711.  4  p.  M. 

Discharge  of  Mort< 
gage   (or   $!i,(m) 
ami  interest.    Ke- 
ceipt  dated   Sep- 

20 

1 
i 

ttnibpr         22nd, 
1875. 

8 

Hugh  McKay. 

48 

September    22nd, 

Bill  of  Sale  dated 

William   Spring  of 
Victoria,  Mariner; 

1876,  4  P.M. 

September  22n(i, 

1876. 

Peter    Francis    of 
Victoria,  Mariner; 
each  21  shares. 

4 

Hugh  McKay. 

SI 

Jane   l»th,    1878, 

Bill  of  Sale  dated 

William  Spring  of 

3" 

12  p.  H. 

18tbdayof  June, 
1878. 

Victoria.    B.    C, 
Mariner. 

6 

William  Spring. 

48 

January        SBtli, 

William      Spring 
dies  on  the  28th 

William    Thomas 

1888.  12.10  p.  M. 

Livocb,      James 

March.         IM84, 

Hill         Uwson. 

• 

Will   dated   81st 
December,   I8B11. 
appointed      Wil- 
liam Thomas  Li- 
voch,  James  Hill 
Lawnon          and 

Charles    Spring, 
joint  owners,  all 
of    the    City    of 
Victoria.    B.   C, 
Merchants. 

40 

Charles    Spring, 
his       executors. 
Will  pnived  and 
probate    granted 
by           Supreme 

Court  of  B.  C.  on 

April  1st,  1884. 

s 

'  William     Thomas 

48 

1 
January         2Sth, 

Bill  of  Sale   dated 

1 
Lsughlin    McLean, 
of  Victoria,  B.  C. 

I     LiToch,       James 

1888,  12.15  p.  M. 

January       2ntli, 

1    Hill      LawBon, 

^ 

1888. 

Master  Mariner. 

Charles     Spring, 

• 

50 

.    joint  owners. 

1 

7 

Peter  Francis. 

21 

January          26th, 

!  Bill  of  Sale  dated 

Cliarles  Spring,   of 
1          Victoria,  B.  ('. 

1888,  12.20  P.M. 

December        10, 

1884. 

I     Trader. 

1 

8 

Laugliliii  McLean. 

48 

January  25,  1888, 

Bill  of  Sale  dated 

i  Charles   Spring,  of 

12.20  P.M. 

January       20tli, 
1888. 

Victoria,  B.  C. 
Trader. 

■'0 

9 

1 
Charles  Spring. 

64 

January         S6tli, 

'  Mortgage      dated 

Joseph        Despard 

1888,   10  a.m. 

\     January        Zlnt. 
1888,  fur  (11,500) 
Fifteen    hundred 
dollars,  with   in- 
terent  ot  18%per 
annum. 

I'enibetton.of 
i           Victoria,  B.  C. 
Farmer. 

188 


(Exiibits  Nos.  75,  76,  and  8  and  »,  U.  S.) 


10 


20 


Number  of 
Tmnsactiona. 

Nanio    of    Person 
from  whnni   title 
is  ilerived. 

NnnilH-r 
of  shares 
affected. 

Date  of  Registry, 

Nature  and  date  of 
transaction. 

Name  of  tranif>'i 
mortgagee, 
other    person 
quiring    titli' 
power. 

10 

Ji>se|ili      Despard 
Peinberton. 

M 

October          ISIh, 
18R8.  1.80  r.  M. 

Discharge  of  Mort- 
gage B,  for  1 1 ,5<Hi 
Receipt  daUd 
October  I2tli, 
1888. 

II 

Clinrles  Spring. 

64 

March  Mlh.  I8»2, 
.S.4A  r.  M. 

Mortgage  dated 
March  I2lh.  1648, 
for  lie.OOO  (i'ix 
thousand  dollars), 
with  interest  at 
9%  per  annum. 

R.  P.  Rithet  <l('„ 
Limited,         imr 
chants,     Victori  i 
B,C. 

la 

Charles  Spring.               64 

i 

February          Slli, 
I8US,   at  10.4a 

A.   M. 

Bill  of  Sale  dated 
February  Mlh, 
lh9.S. 

Laughlin    Mcl.t-sn 
of  Victoria,  R  ( 
Master  Mariner 

30 


EXHIBIT  No.  76  (Q.  B.),  CLAIM  No.  4. 

Memorandum  book  for  1886,  produced  by  Capt.  Laugh- 
lin McLean,  so  far  as  it  is  in  the  handwriting  of  Capt. 
Alexander  Mclieun.  Previously  marked  No.  11  for  Identi- 
fication. 

By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


40 


EXHIBIT  No.  76  (0.  B.),  CLAIM  No.  4. 

Memorandum  book  of  schooner  '"Favorite"  for  1890, 
produced  by  Capt.  Laughlin  McLean,  so  far  as  it  is  in  Cap- 
tain Alexander  McLean's  liandwiiting.  Previously  marked 
No.  12  for  Identification. 

By  order  of  the  Commissionei's,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


50 


United  States  Exhibits. 

EXHIBIT  No.  8  (U.  8.),  CLAIM  No.  4. 

Log-book  of  schooner  "Favorite"  for  1886.  Pre- 
viously marked  No.  13  for  Identification. 

By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


60 


EXHIBIT  No.  9  (U.  8.),  CLAIM  No.  4. 

Page  .5  of  Capt.  Alexander  McLean's  book  of  "Accounts 
and  Goneial  Seiiling  Information."  Previously  marked 
No.  2  tt)r  Identification. 

By  order  of  the  Coiuinissionors,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


188 

(Exhibit  No.  77.) 
Claim  No.  18,  '' Jnanita." 

EXHIBIT  No.  77  (G.  B.).  CLAIM  No.  18. 


Transcript  of  Register  for  Transmission  to  Cm'&r  Reoistrar 

OP  Shipping. 


ID- 


OffloUl  number  of  Ship. 
72,fl78. 


Name  of  Ship. 
"  Juiiiita." 


No.  Date  and  Port  of  Ragiatry. 
Nu.  1.    Of  1878.     Victoria,  B.  C. 


Wliother  Britlih  or 
Foreign  built. 


20 


Foreign. 


Whether  a  Sailliigur 
Steam  Ship  ;  and  if 
•  Steam  Ship,  how 
propelled. 


I 


SaillDg. 


Where  built. 


Seattle. 
Washington 
Territory. 


When  built. 


I87t. 


Name  and  Ad- 
drew  of  Build- 
era. 


B.  D.  Biulow, 
SeaUla.  U.  S.  A. 


30 


Number  of  Deck* One 

Number  of  Maats Two 

Rigged Schooner 

Stem Square 

Build Carvel 

Galleries None 

Head Billett 

Framework Wood 


Length  from  fore  part  nf  atem,  un- 
der the  bowsprit,  to  the  aft  side 
of  the  head  ul  the  stem  post .... 

Main  breadth  to  outside  of  plank. . . 

Uoptli  in  hold  from  tonnage  deck  to 
celling  at  niiilshipa 

Depth  ill  hold  from  upper  deck  to 
ceiling  at  roidshi|M,  in  tlio  case  of 
three  decks  and  upwards 

Length  of  engine  room,  if  any 


Feet.     Tenths. 


68 
19 


Particulars  ok  Tonnage. 


40 


Qross  Tonnage. 

Under  Tonnii)re  Deck 

Closedin    spaces    above     tliv 

Tonnage  Deck,  if  any 

Space      or      spaces     between 

deckfi 

Poop 

Fiirecastio 

Round  House 

Other  closed-in  spaces.  If  any, 

as  follows : 

Gross  Tonnage 

Deductions,  as  per  Contra 

Registered  Tonnage 


50 


Deductions  Allowed. 

On  account  of  space  required 
for  pri>|>elUng  power 

( *ii  ncciiiint  ol  s|>aces  occu- 
pied by  Seamen  or  Ap- 
preiitii-es,  and  appropriated 
to  their  iim',  anil  kept  free 
from  goo<la  or  stores  of 
every  kind,  not  being  the 
personal  property  of  the 
crew 

These  spaces  are  the  follow- 
ing, \iz  

ToUl  Deductions 


Xo.  of  Tons. 


Name  of  Master,  William  B.  Kyle,  Victoria,  U.  C. 


Names,  Residence,  and  Description  of  the  | 
Owners,  and  Number  of  Sixty-fourth  > 
Shares  lield  by  each,  vie:—  ) 

William  Black  Kyle,  Victoria.  B.  C. 
Bookkeeper,  Sixty-four  (At)  shares. 


60 


Dated  Victoria,  B.  C,  March  8th,  1878. 

Registrar,  W.  HAMLEY. 


f^ 


190 

(Exhibit  No.  77.) 

Copy  Transactions  Subsequknt  to  Registry  for  Transmission  to  Regis- 
trar-Oeneral  of  Shipping  and  Seamen. 


Namber  of 
TraMMtloni. 


ID 


20 


30 


40 


50 


Name  of  pernon 
from  whom  Tide 
l§  derived. 


Number 
of  8liar«i 
affrctrd. 


Date  nf  RfKiitry. 


Nature  and  date  nf 
transaction. 


Nniiif,  Realdenre 
and  Occu|>atioi.  of 
Traniferec,  Mort- 
gigot  or  other  Pe,*- 
ion  acquiring  Title 
or  Power. 


William  B.  Kjle. 


64 


May  9th,  1878. 


mil  of  Sale  dated 
91  h  May,  1878. 


Wm.  John  Sutton. 


tl4 


November  IIl/7». 
1  !■    M. 


Bill  of  Sale  dated 
I  lib  November, 
1879. 


Alex.  Toung  Court. 


82 


January  8th,  1880, 
S.20  p.  u. 


Mortgage  A,,  for 
*fl50.00,  with  in- 
lcre>l.  <Kl  1%  per 
iiionti  date  d 
Jnnua:  nth, 
1880. 


William  John  Hut. 
ton  of  Victoria, 
U.  C,  Saw  Mill 
Owner. 


Alexander  Young 
Court  anil  John 
Kirk  Greenwood 
of  Victoria,  B.  C, 
Thirty-two  aharea 
each. 


John  Kirk  Green- 
woiiil  of  Victoria, 
B.  C,  Mariner. 


loha  Kirk  Green- 
wood. 


82 


March  30,  1 880,  at 
1.80  r.  H. 


Diiicharge  of  Mort- 
gage A.  for  (050. 
Receipt  dated 
March  >9/80. 


Alex.  Young  Court.  Hi 


Mnrcli    30,     1880, 
l.ns  p.  M. 


Bill  of  Sale  dated 
V9ih  March,  1880. 


John  Kirk  Green- 
wood of  Victoria, 
B.  C,  Mariner. 


John  Kirk  Green-  i         32 
wood. 


John  Kirk  Green- 
wood. 


32 


Dec.    12th, 
at  3.40  p. 


Dec.     12lli,     1883, 
at  3.40  p.  M. 


Bill  of  Sale  dated 
l>ec.  12th,  1883. 

Bill  of  Sale  dated 
Dec.  12th,  1883. 


Ilichnrd  tiall,  Jr., 
and  William  John 
Joseph,  both  of 
Victoria,  B.  C, 
I'omniisgion  Mer- 
cliantii. 


" 

Uichard  Hall,  Jr. 

11 

March  31,  188R,  at 
12   noon. 

Bill  of  Sale  <lated 
31  March,  ISS.t. 

Charles  Kdw, 
Clarke,  of  v'i<; 
toria,  B.  C,  Mar 
iner. 

8 

Wm.  John  tiocpel. 

11 

March  31.  1886,  at 
12  noon. 

Bill  of  Sale  dated 
31  March,  188.'). 

C  h  a  r  1  e  H  Ed» 
Clarke,  of  Vic- 
tonn,  B.  C  ,  .Mnr- 
Iner. 

Richard  Hall,  Jr. 


Juniinry  Dili,  1889,      Bill  of  .Sale  dated 
at  4  e.  M.  I      January     0 1  li  , 

I       1889. 


6o 


10  Wm.  John  Goepel. 


January  9tli,  1889, 
I  III  4  p.  M. 


BUI  of  Sale  dated 
Jannarv  9  t  li , 
1889. 


11 


Charles  Edward 
Clarke. 


Jiinuaiy  9th.  1881), 
j  at  4  p.  M. 


Bill  of  Sale  dated 
January  9  t  li , 
1889. 


linns  llel){e>'on  ol 
Vieloria,  H.  C, 
(ieiitleinan. 


linns  Ilelgenen  of 
Victoria,  B.  C. 
Guiitlenian. 


Hans  llelgcnen  of 
Victoria,  B.  C. 
Gentleman. 


101 


(Exhibits  Nos.  78  and 

79) 

Number  ot 
Traniactloni. 

Name     iif     |i«r8iin 
from  whom  Title 
la  derived. 

Nunilivr 
of  Share* 
affected. 

Dale  of  Regiilry. 

Nature  and  date  of 
transaotlon. 

Name,      Reeldence 
and  Occupation  of 
Transferee,    Mort- 
Kagee  or  other  Per- 
son acquiring  Title 
or  Power. 

10            IS 

ChariM  R<lwd. 
Clarke. 

lU           October  i]t\  I88U, 

•t  10  A,  M. 

Bill  of  Sale  dnted      llichard    Hall     of 
»Oth    October.  ,     Vicuiria.    B.   0.. 
i88U.                           Merchant. 

IS 

ilana  ilelguaen. 

16 

October  31st.  I88U. 
at  10  A   M. 

Bill  of  Sale  date) 
»iith     October, 
1881*. 

Will  lam    John 
(ioi-pol    of    Vic- 
toria, B.  C,  Mer- 
chant. 

U 
20 

Richard  Hull.  Jr. 

3J         '   May  81I1.   1800,  at 

III..SS  A.  M. 

i 

Bill  of  .Sail)  dnted 
7lh  May,  I8U0. 

Jolin    Kinsman  of 
Victoria,    B.   C, 
Oentlemao. 

IS 

William  .lolin 
Oocpel. 

82 

May  8lh,   ISlHi,  at 
'lO.liS  A.  H. 

Bill  of  Sale  dated      .lohn    Kinsman  of 
7lhMny,  ISltii.       ,     Victoria,     B.  C, 
Ctentluinnn. 

16 

30 

John  Kinsman. 

61 

Deer.   12th,  1801, 
lit  12  30  p.  M. 

Bill  of  Sale  dated     Dora    Sleward  of 
nth  Deer..  I8t)|.        Victoria,  wife  of 
1     H.  V.  Sieward  of 
1     Victoria,  B.  C. 

! 

17 

r><irn  Steward. 

64 

D«cr.  20tli,    1893, 
Ht  12.20  e.  M. 

Moi'tgnge  A  dated 
Itttli  Deer..  181'», 
to  sei'uron/fi  cur- 
rent. 

R.P.RitlietACo., 
Limited,     M  e  r 
cliiints,  Victoria, 
B.  C. 

40 


it 


EXHIBIT  No.  78  (0.  B.).  CLAIM  No.  18. 

Chart  of  Behring  Sea  and  Arctic  Ocean. 
By  Older  of  the  C'oinniissioner.-!,  on  consent  nf  counsel, 
tl  iS  exhihit  is  not  printed. 


EXHIBIT  No.  79  (0.  B.),  CLAIM  No.  18. 

Certified  transcript  of  part  of  Record  and  Pror^eodings 
in  United  States  District  Court  in  ^^laslia  in  case  of 
United  States  vs.  620  Fiir  Seal  Skins. 


50 


60 


In  the  District  Court  of  the  United  States  of  America, 

District  of  Alaska. 
Of  the  May  term  in  the  year  One  thousand  Eight  Hundred 

and  Eighty-Nine. 
The  United  States  )  >j^.j  g^g 

vs  y 

<>20  fur  seal  Skins,  i  ^"  '^^  Revised  Statutes— Sec.  ly.'irt. 

To  the  Honorable  John  II.  Keatiey,  Judge  of  the  United 
States  District  Court,  for  tlie  District  of  Alaska: 
The  libel  of  information  of  Whit.  M.  Grant.  Attorney  of 
the  United  States  for  the  District  of  Alaska,  who  prose- 
cutes on  behalf  of  the  United  States,  and  Iwing  present  in 
Court  ill  his  proper  per.son,  in  the  name  and  on  behalf  of 
the  said  United  Statta  against  the  «)20  fur  son\  skins,  and 
against  all  persons  intervening  for  their  interest  therein  in 
a  cause  of  forfeiture,  alleges  and  informs  as  follows: 


th- 


in 

(Exhibit  No.  79.) 

That  L.  U.  Shepard  nn  agent  of  the  Traasury  Depart- 
ment of  the  United  States  on  duty  in  the  watera  of  Ihe 
District  of  Alaska,  heretofore  and  on  or  about  the  SOth 
day  of  July,  in  the  year  of  our  Lord,  One  thousand  eight 
hundrpd  and  eighty-nine,  nt  or  near  I^t.  N.  55.42  N., 
Longitude  170.40  w.  in  Behring  Bea  and  within  the  Dis- 
trict of  Alaska,  and  within  the  jurisdiction  of  this  Court, 

icon  waters  navigable  from  the  sea  by  vessels  of  ten  (10)  or 
more  tons  burden,  seized  the  020  fur  seal  skins  on  board 
the  British  Schr.  "  Juanita"  being  the  property  of  some 
person  or  persons  to  the  said  Attorney  unknown,  as  for- 
feited to  the  United  States  for  the  following  among  other 
causes: 

That  the  said  vessel  is  owned  by  a  citizen  or  citizens  of 
Biitish  Columbia,  and  had  on  board  the  fur  seal  skins 
aToresaid,  said  seals  having  Iwen  taken  by  the  crew  of  said 
vessel  within  the  limits  of  the  District  of  Alaska,  and  the 

20 waters  thereof,  that  the  fur  seal  is  naturally  a 
water  animal  whose  winter  abode  is  unknown,  that  they 
are  timid  and  are  liable  to  be  driven  from  native  haunts 
by  shooting  or  other  unusual  noises  or  disturbam^es;  that 
they  appeur  in  the  waters  of  Bithring  Sea  and  w  itbin  the 
District  of  Alaska,  especially  about  St.  Paul  and  St. 
Oeorges  Islands,  and  produce  their  young  and  nurse 
them,  and  they  are  nurtured  and  always  return  to  said 
islands  and  waters  as  their  home;  that  in  the  water  the 
sexes  can  not  be  distinguished,  and  many  thus  killed  are 

30  lost;  that  their  commercial  value  is  conflned  to  those  from 
one  to  five  yeai-s  old;  that  their  product  is  of  gi eat  com- 
mercial value,  useful  and  necessary  to  the  comfort  and 
enjoyment  of  mankind;  that  seals  are  naturally  defence- 
less, and  if  permitted  to  be  indiscriminately  killed  will 
{«oon  become  extinct,  and  the  supply  exhausted,  and  the 
said  attorney  saith,  that  all  and  singular  the  premises  are 
and  were  true  and  within  the  admiralty  and  maritime 
jurisdiction  of  the  United  States,  and  of  this  Honorable 
Court,  and  that  by  reason  thereof,  and  by  force  of  the 

4oStatutesuf  the  United  State^-  is  in  such  cases  made  and 
provided,  the  aforementioned  and  described  G20  fur  seal 
skins,  become  and  are  forfeited  to  the  use  of  the  said 
United  States  of  America.  Whei-efore,  the  said  attorney 
prays  that  the  usual  process  and  monition  of  this  Honor- 
able Court  issue  in  this  behalf,  and  that  all  persons  in- 
terested in  the  aforementioned  fur  seal  skins  may  be 
cited  in  general  and  special  to  answer  the  premises,  and 
all  due  proceedings  being  had,  that  the  said  620  fur  seal 
skins,  &c.,  may,  for  the  causes  aforesaid,  and  others  ap- 

50  pearing,  be  condemned  to  the  use  of  the  United  States  of 
America,  according  to  the  form  of  the  Statutes  of  the 
United  States,  in  such  cases  made  and  provided. 

WHIT.  M.  (JRANT, 
U.  S.  Atty.  for  District  of  Alaska. 

(Endorsed)— No.  206.— The  United  States  vs.  Libel  of  In- 
formation.—Filed  Sept.  14,  1881).— Let  the  monition 
issue  returnable  on  the  28th  day  of  Sept.,  1889,  with 
no  publication  in  the  newspapers.— John  H.  Keatley, 
.  Judge  Dist.  Court. 


198 


(Exhibit  No.  7D.) 

Be  it  further  remembered  that  on  the  lt(th  «lay  of  Sep- 
tember, IHHV,  a  iiionitioii  was  July  issued  in  Huid  cause, 
which  is  in  words  and  Azures  followinK.  to-wit: 
In  the  United  States  District  Court  in  and  for  tlie  Dis- 
trict of  Alaska. 
The  President  of  the  United  States  of  AnnM'ica,  to  the 
Marshal  of  the  District  of  Alaska,  Orcetint;: 

10  Whereas,  a  libel  of  information  hath  b»'«'n  tiled  in  the 
District  Court  of  the  Unit«'d  States  for  the  District  of 
Alaska,  on  the  !4th  day  of  Septenilx'r  in  the  year  1MH1»,  bv 
Whit.  M.  Grant.  Unit«Ml  States  Attorney  lor  the  District 
aforesaid,  on  l)ebalf  <if  the  I'nitt'd  States  of  .America, 
against  si.x  hundred  and  twenty  (•120)  fur  seal  skins,  as 
forfeited  to  the  use  of  the  United  States,  for  the  reasons 
set  forth  in  the  said  libel  of  information,  and  praying;  the 
usual  monition  and  process  of  said  court  in  that  lM>lialf  to 
bt'  matle,  and  that  all  persons  interested  in  said  seal  skins 

-<>  may  be  cited  ni  general  and  special  to  answer  the  j>reini8es, 
and  all  proceedings  being  had,  that  the  said  h«>al  skins  mav 
for  the  causes  in  the  said  libel  of  information  mentioned, 
be  condcnuied  as  forfeited  to  the  use  of  the  United  States. 
Vou  are  therefore  hereby  commanded  to  attach  the  said 
seal  skins  to  detain  the  same  in  your  custody  until  the 
fiu'ther  order  of  the  Court  respiecting  the  same,  and  to  give 
notice  to  all  persons  claiming  the  same,  or  knowing  or 
having  .-inything  to  say  why  the  same  should  not  be  con- 
tlfmned  and  sold  ))ursuant  to  the  prayer  of  the  said  libel 

30  of  information,  that  they  be  and  appeju-  l)efore  the  said 
Court  to  be  held  in  and  for  the  I)istrict  of  Alaska,  on 
Saturday  the  2Sth  day  of  September,  lMSi»,  at  ten  o'clock 
in  the  forenoon  of  the  same  day,  if  the  same  shall  be  a  day 
of  juri.stliction,  otherwise  on  the  next  day  of  jurisdiction 
thereafter,  then  and  there  to  interpose  a  claim  for  the 
same  and  to  make  their  allegations  in  tlrdt  behalf,  and 
what  you  shall  have  done  in  the  premises  do  yon  then  and 
there  make  returns  thereof,  toyiethei-  with  this  writ. 
Witness:  Tlu'  Honorable  John  H.  Keatley,  .Judge  of  said 

40 Court  and  the  seal  of  the  said  Court  thereof  affixed  at  the 
town  of  Sitka,  in  the  District  of  Alaska,  the  l»!th  day  of 
September,  in  the  year  of  our  Lord  one  tboU)<and  eight 
hundred  and  eighty  nine,  and  of  the  Independence  of  the 
United  States  the  one  hundred  and  fourteenth. 

HENKY  E.  HAYDON. 
Clerk  U.  S.  Dist.  Court. 
Wnrr.  M.  (iRAXT. 

:!..  8.]    U.  S.  Di.st.  Atty. 

.,,(  Endorsed)— No.  20»>. — In  the  U.  S.  Dist.  Court,  District  of 
'  Alaska. — The  United  States  rs.  ti^o  fur  seal  skins. — 

Monition.  -Returned and  filed  Sept.  2.sih,  issi».  — H.  E. 

Haydon,  Clerk. 

Dist.  of  Alaska,  ss. : 

I  hereby  certify  and  return  that  this  writ  came  into  my 
bands  <m  the  KJth  day  of  Sei)tember,  isS'.t,  that  in  compli- 
ance with  the  same  I  did  cause  it  to  be  |)ublisbed,  on  the 
•iNt  d:iy  of  September,  1H80,  in  the  Alaskan,  a  weekly 
nt'vvspaper  published  in  the  town  of  Sitka,  in  this  District. 
'^'O  Affidavit  of  publication  and  copy  of  same  is  hereunto  at- 
tached. That  the  ('>20  fnr  seal  skins  therein  mention<-'d  are 
in  the  hands  of  my  deputy,  W.  B.  Antbonv,  at  Onnalaska. 

BARTON  ATKINS, 
U.  S.  Marshal. 
Dated,  Sitka,  Alaska,  Sept.  27,  188{». 


11)4 


(Exhibit  No.  70.) 
Proof  or  I'cblicatiok. 
United  States,  District  of  Alaska,  ss. : 

Maurice  E.  Kenealey,  l)einf{  duly  sworn  says  that  he  is 
the  publiHher  of  the  Alaskan  a  weekly  newspaper  printed 
and  published  in  the  town  of  Sitka,  and  of  general  circula- 
tion in  said  District. 
,Q  That  the  monition  of  which  the  annexed  is  a  printed 
copy,  wa8  published  in  said  newspaper  on  the  2l8t  day  of 
Septeml>er  A.  D.  1SS9. 

MAURICE  E.  KENEALY. 
Subscribed  ard  sworn  bef.)re  me  this  27th  day  of  Sep- 
tember, iW«t>. 

H.  E.  HAYDON, 
[L.  8.  J  Clerk. 

And  afterwards  to  wit:    On  September  2H  the  follow- 
ing fuither  prm-eedings  were  had   in  said  cause  and  ap- 
20 pear  of  record,  which  are  in  words  and  figures  following, 
to  wit: 

At  a  Stated  Term  of  the  District  Court  of  the  United 
States,  in  and  for  the  District  of  Alaska,  held  at 
Sitka,  in  said  District,  on  the  2Sth  of  September, 
1880. 
Present— Hon.  John  H.  Keatinq,  District  Judge. 

The  United  States  ) 

vs.  \  No.  20n.    Decree. 

30rt20  Fur  Seal  Skins.  ) 

This  cause  came  on  to  Imj  heard  on  motion  of  Whit  M. 
Grant,  United  States  District  Attorney,  and  it  appearing 
to  the  Court  that  the  libel  of  information  includes  ♦!2(>  fur 
seal  skins,  and  the  evidence  shows  but  till)  were  seized, 
the  action  is  dismissed  as  to  the  said  difference  of  one 
skin.  And  it  appearing  further  that  the  monition  had 
been  issued  herein  and  the  Marshal  has  returned  thereon 
that  he  had  attached  t'  o  said  010  fur  seal  skins  and  given 
due  notice  as  required    »y  law,  that  all  persons  claiming 

4°  the  same  should  appear  before  this  Court  at  10  o'clock 
A.  M.  this  28th  day  of  September.  1880.  at  Sitka,  and  then 
and  there  interpose  then*  claims  and  make  their  allega- 
tions in  that  behalf,  and  at  said  time  and  date  procla- 
mation was  duly  made  as  recjuired  by  law.  and  no  claim 
having  been  interposed,  appearance  entered,  or  defence 
filed,  it  is  therefore  ordered  that  all  persons  interested 
in  said  (>10  fur  seal  skins  be  adjudged  in  contumacy 
and  default,  and  the  libel  of  information  adjudged  and 
taken  pro  confesso. 

5°  And  said  cause  having  been  submitted  to  the  Court 
upon  the  pleadings  and  evidence,  and  the  Court  lieing 
fully  advised  in  the  premises  and  having  filed  his  findings 
of  fact  and  conclusions  of  law  herein. 

It  is  therefore  ordered,  sentenced,  and  decreed  by  the 

Court  that  said  tilO  fur  seal  skins  be  and  the  same  are,  for 

the  reasons  set  forth  in  the  libel  of  information  herein, 

condemned  as  forfeited  to  the  use  of  the  United  States. 

And  it  is  further  ordered  that  the  Clerk  of  this  Court 

^^  issue  to  till'  Mai-shal  of  this  District  the  usual  writ  of  ven- 

^ilitioiii  e.rpinias  commanding  him  to  cause  the  said  tUO 
fur  seal  skins  to  be  transferred  from  Ounalaska  to  San 
Francisco,  California,  and  there  to  sell  the  same,  and  that 
he  give  at  least  ten  (lOj  days'  notice  of  the  time  and  place 
of  such  sale,  and  to  pay  the  proceeds  into  Court  to  be  dis- 
posed of  according  to  law. 


(CxhiWt  No.  79.) 

The  Marshal  in  ordered  to  keep  a  Heparate  and  detailed 
account  of  all  the  cx[ienH(>H  cnnnoctod  with  th«  Haid  prop- 
erty, and  whero  the  expense  is  connected  with  other  like 
property  he  will  apportion  the  same  and  charge  the  ahove 
projwrty  with  its  share  thereof  separately,  and  report  the 
same  to  this  Court,  with  his  report  of  said  sale. 

JOHN  H.  KEATLEY, 
lo  JudKe  Dist.  Court. 

(Endorsed)— No.  20«.  -The  United  States  rs.  620  fur  seal 
skins.— Decree.— Filed  Sept.  2Hth,  1Sh».— H.  E.  Hay- 
don,  Clerk. 


20 


And  afterwards,  tt)-wit,  on  Octoher  7th,  1SH1>,  a  writ  of 
venditinni  cr/uninM  was  issued,  which  with  the  Marshal's 
ivturn  is  in  words  and  figures  following,  to-wit: 
In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska. 


United  States 

vs. 

010  Fur  Seal  Skins. 


No.  2(»«,  Writ  of 
Exponas. 


Venditioni 


The  President  «)f  the  United  States  of  America,  tn  the 
Marshal  of  the  District  of  Alaska,  Greeting: 
Whereas  a  libel   hath   teen  Hied  in  the  Districi  Court  of 
the   United  States  for  the  District  of  Alask".   m  tlu   14th 
day  of  September  A.  D.  1889,  by  Whit  M.  tJiant,  Uuited 
•^tift  8  District  Attorney,  !:^ainst  610  fur  seal  skins,  tor  the 
30 reasons  and  causes  in' said  libel  mentioned,  and  put \Mng 
the  usual  process  and  monition  of  the  said  cuiirt  in  that 
behalf  to  he  made  and  that  all  |  c>rsons  inteiestiMl  in  the 
said  610  fur  seal  skins,  may  he  cited  in  general  and  spncial 
to  answer  the  |)remises,  and  all  proceedings  being  bad  that 
the  said  (UO  fur  seal  skins,  may  for  the  causes  in  the  said 
libel   mentioned  be  condemned  as  forfeit»;d  to  the  use  of 
the  United  States,   and  praying  that  the  .same  may  be 
condemned  and  sold  to  answer  the  prayer  of  the  said  libel- 
ants, and   whereas  the  said  610  fur  seal  skins  have  been 
40  attached  by   the  process  issued  nut  of  the  .said  District 
Court  in  pursuance  of  the  said  lihel  and  are  now  incus- 
tody,   by  virtue  thereof  and  such  proceedings  have  been 
thereupon  had   that   by  a  definite  sentence  and  decree  of 
said  Court  made  and  pronounced  on  the  28th  day  of  Sep- 
tember, 1880,  that  the  said  61!)  fur  seal  skins  to  be  trans- 
ferred to  San  Francisco,  California,  and  there  to  be  sold, 
That  you  give  at  least  10  days  notice  of  the  time  and 
place  of  such  sales,  andvtbat  you  pay  the  proceeds  of  such 
sales  to  the  Clerk  of  this  Court  as  required  by  law. 
50     Now  therefore  you  will  execute  said  decree  and  return 
this  writ  and  report  the  manner  in  which  you   have  exe- 
cuted this  order  to  this  Court. 

Witness,  the  Honorable  John  H.  Keatley,  Judge  of  said 
Court  at  the  town  of  Sitka,  in  the  District  of  Alaska,  this 
7th.  day  of  October  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  eighty  nine,  and  of  our  independence 
the  one  hundred  and  fourteenth. 

H.  E    HAYDON, 

I  'erk  U.  S.  Dist.  Court. 
60  (Endorsed)— No.  206.— U.  S.  Dist.  Court,  Dist.  of  Alaska. 
—United  States  vs.  610  Fur  seal  skins.  -  Writ  of  Ven- 
ditioni A'rpoxas.  — Returned  and  filed. — Sept.  27,  1800. 
—  N.  R.  Peckinpaugh,  Clerk. 


nrr- 


196 


10 


(Exhibit  No.  7!».) 

The  following  portion  of  the  proceedings  against  620 
Fur  Seal  Skins  was  not  offered  as  part  of  Exhibit  79 
(Q.  B.)  printed  above,  and  under  the  rights  reserved  for 
that  purpose  bv  counsel  for  the  United  States  (p.  1358, 
Record),  have  been  specified  by  them  as  a  separate  (U.  S.) 
exhibit  to  be  printed  in  connection  therewith. 

SUPPLEMENTAL  (U.  S.)  EXHIBIT  "D." 

In  the  United  States  District  Court,  District  of  Alaska. 
United  States     ^  ^^  ,,^^^.      bindings  of  fact  and  conclu- 
620  fur  sealskins.!      sions  of  law. 

This  cause  having  been  tried  and  submitted  to  the  Court 
on  the  pleadings  and  evidence  the  Court  finds  the  follow- 
ing fads: 

1st.  That  on  July  :U.  ISSO,  and  prior  thereto  the  crew 
of  tlie  British  Schooner  "  Jiiaiiita"  were  engaged  and  did 
kill  fur  seals  in  that  portion  of  Hehring  Sea  ceded  to  the 
United  States  In-  Russia  and  within  the  waters  of  tlie  Dis 
trict  of  Alaska,  in  violation  of  the  laws  of  the  United 
States,  and  on  said  date  at  latitude  ."»."). 42  N.,  longitude 
170.40  \V.,  had  on  l)oard  <i2(»  tiir  seal  skins  taken  in  said 
waters. 

2d.  That  said  620  fur  seal  skins  were  seized  for  violation 

of  said  laws  by  the  commander  of  the  Revenue  Marine 

vessel  "  Rush  "  engaged  in  the  Revenue  Marine  Service  of 

^   the  United  States  by  order  of  the  President  of  the  United 

States  and  by  authority  of  the  Secretary  of  the  Treasury. 

:kl.  That  iund  property  when  so  seized  was  delivered  by 
said  ofiicer  to  the  United  States  Marshal  for  the  District 
of  Alaska,  and  is  now  in  his  custody,  and  within  the  juris- 
diction of  this  Court. 

4th.  That  fur  seals  are  water  animals  that  appear  an- 
nually in  the  waters  of  Alaska,  and  especially  about  St. 
Paul  and  St.  (reorge  Islands  in  Behring  Sea,  and  on  said 
Islands  produce   and  mature  their  young  and  make  said 
'^   Islands  their  hotiie,  but  disappear  in  the  winter. 

That  they  are  usually  killed  by  marauding  vessels  by 
shooting  in  the  water  where  the  sexes  can  not  be  distin- 
guished and  many  thus  killed  are  lost;  and  being  timid 
and  defenceless  are  easily  frightened  by  such  unusual  noises 
and  disturbance  and  are  liable  to  be  thus  driven  and  kept 
away  from  their  native  haunts,  and  the  supply  exhausted, 
and  they  become  extinct  by  indiscriminate  shooting  and 
killing.  « 

Their  value  is  confined  to  those  from  one  to  five  years 
'   old,  and  their  product  is  of  great  commercial  value,  use- 
ful and  necessary  to  the  comfort  and  enjoyment  of  man- 
kind. 

As  a  conclus?ion  of  law  the  Court  finds  that  the  62o 
fur  seal  skins  become  and  are  forfeited  to  the  use  of  the 
United  States,  and  the  jdaintiff  is  entitled  to  a  decree  de- 
claring the  same  accordingly. 

Sept.  28,  1H(>>>. 

JOHN  H.  KEATLEY, 

Judge  of  the  Dist.  Court. 
(Endorsed)— No.  206.— In  theU.  S.  Dist.  Court,  District  of 
Alaska.— The  United  States  vs.  620  fur  seal  Skins. — 
Findings  of  facts  and  conclusions  of  law. — Filed  Sept. 
28,  1S89.     H.  K.  Haydon,  Clerk. 


Oo 


197 

(Exhibit  No.  80.) 
Claim  No.  8.  "Alfred  Adama." 

EXHIBIT  No.  80  (0  B ),  CLAIM  No.  B 

TRANSCRIPT  OF  REGISTER   FOR  TRANSMISSION   TO   CHIEF 
REGISTRAR  OF  SHIPPING. 


lO" 


Official  Number  of  Slitp. 
8844S. 


Name  of  Slii|i. 
"  Alfred  Adams,"  now  "  Lily." 


Nil.,  I>ate  anil  I'ort  of  Registry. 
No.  I.  &larch  15th,  1882.  Victoria,  B.C. 


No,,  Date  anil  Port  of  |ireviiiufi  Kegi»try  (if  any). 
Provisional  Certificate  of  Uritiali  Consul,  U.  8.  A. 


20 


Whether  British  or 
Foreign  Uuilt. 


Whether  a  Sailine  or 
Steam  Ship;  and  if  a 
Steam  ship  how  pro- 
pelled. 


Where  Built. 


When  BiUlt 


Name  and  Address  of 
Builders. 


Foreign. 


Sailing. 


Kssez,  Mass.. 
U.  S.  A. 


1851 


Unknown, 


Number  of  Decks One 

Numbrr  of  Masts Two 

Rigged Schooner 

Stern Siiuare 

30  Build Carvel 

Gallvries    None 

Head Billet 

Framework Wood 


Length  from  fore  part  of  stem,  under  the  bowsprit, 
to  the  aft  side  of  the  head  of  the  stern  post 

Main  brcsdlh  to  outside  of  plank 

Depth  in  liolil  from  tonnage  deck  to  ceiling  at 
inidsliips 

Depth  in  holil  rniui  upper  deck  to  ceiling  at  niiil. 
ships,  in  the  case  of  three  decks  ami  upwards. . 

Length  ol  engine  roiiiii,  if  any 


Koet.     Tentlis. 


71) 
■21 


Particulars  of  Tonnagk. 


(Jross  Tonnaee. 

Under  Tonnage  Deck 

40(;loiiedin    spaces    above    the   Tonnaee 

Deck,  if  any. ...         

Space  or  spaces  between  decks   

I'oop    . .  

Forecsstia 

Round  House 

Oilier  closed  in  spaces,  if  any,  as  follows: 
lncln!-ure  on  upper  deck 


50. 


(.ross  Tonnage 

Ilediiclions,  as  per  Contra. . .  . 

Registered  Tonnage 


Deduclionfi  .Mliiwcd 

On  iiccouiit  (if  space  required  for  pm- 
pellio};  power 

On  iiccoiiiil  iif  spaces  occupied  by  Seii- 
iiK'ii  or  Apprentici'S,  and  nppropii- 
ated  til  their  use  mid  kept  frcr  ficiiii 
goods  or  stoi'cH  (it  every  kinil,  not 
being  tlie  pcisdiiid  property  of  the 
crew     

v  iiese  spaces  are  the  following,  vi/. 


Total  Deductions. 


IJo.  of  Tons. 


Names  Residence,  and  description  of  the  owners  and  Xiiiuber  of 
Sixty-fourth  Shares  held  by  each,  vii; , 
,  "  Xljan  MoKav, 

ol  the  City  of  Victoria, 
Province  ol  British  Columbia. 
Mariner 
Sixty  four  shares. 


Provisional  Certificate  IViun  British  Consul, 
San  Francisco,  L',  S.  A.,  .laiiuiiry  ITlli, 
18S2,  Name  changi'd  to  '■  l.ily  "  li.v  onlir 
in  Council,  dated  2.Mb  Man  li.'lt<8S.  iinilir 
Sec.  ai,41».  Vic. 


60 


Dated  March  15Lh.  1882,  at  1.1.5  p.  m. 


Registrar,  W    H.AM  LEY 


B'-fv  1- 

B  ■  •' 


R!     t 


198 

(Exhibit  No.  80.) 

Copt  Transactions  Subsequent  ik)  Registry,  for  Transmission  to  Regis- 
trar-General OF  Shipping  and  Seamen. 


m 

m 


Number  of 

Name   of    Person 

N  u  m  b  er 

Date  of  Registry. 

Nature  of  Data  of 

Name  of  Transferee, 

Transactions. 

from  whom  Title 

of shares 

Transaction. 

Mortgagee,  or 

is  derired. 

affected. 

other    person    ac- 

lO 

quiriog    title     or 
power. 

1 

Hugh  McKay. 

64 

Ifilh  Deer.,  1882, 

Dies    Uth    June, 

Robert    Paterson 

12  noon. 

1882.  Will  dated 
July   Uth,  1879, 
appointing   Rob- 
ert      Paterson 
Rithet  Exerutor. 
Will  proved  June 
19th,  1882,  in  the 
Court  of  Probate 

Rithet  of  Victoria, 
B.  0.,  Merchant. 

20 

at  Victoria. 

a 

Robert  Paterson 

64 

22nd  June,    1888, 

Bill  of  Sale  dated 

William  Spring  of 

Rithet. 

10  A.  H. 

2Sth  Novr.,  1882. 

Victoria,  B.  C, 
Master  Mariner. 

s 

William  Spring. 

64 

19th     February, 

William      Spring 
dies  on  the  26th 

James  Hill  Lawson, 

1886,  8  r.  u. 

William     Tbos. 

March,    1884. 

LWock,     Charles 

Will  dated   21st 

Spring    of     Vic- 

December, 1880, 

toria,  B.  C,  Mer- 

30 

appointing  James 
Hil     Lawson, 
William  Thomaa 
Livock,    Charlea 
Spring       Execu- 
tors.    Probate 
granted  to  them 
by      Supreme 
Court    of    B.  C. 
Ist  April,  1884. 

chants. 

40 

James   Hill    Law- 

64 

19th    February, 

Bill  of  Sale  dated 

Jacob    Gutman    of 

son,      William 

1886,  S  p.  M. 

21st    January, 

Victoria,  B.C. 

Thoe.     Livock, 

1886. 

Merchant. 

Charles  Spring. 

s 

Jacob  Gutmann. 

64 

19th     February, 

Mortgage      dated 

Alexander     Frank 

1886,  3.06  P.  M. 

6th       February, 
1886    for    i>ecur- 
ing    $1,250.00 
Twelve   hundred 
and  fifty  dollars. 

of  Victoria,  B.  C, 
Merchant. 

5° 

Jacob  Gutmann, 

64 

!  November      10th, 

Dies  on  or  about 

Moritz  Gutmann,  of 

1888,     at     10.20 

the     Ist    day  of 

Victoria,     B.     C. 

A.  M. 

April,    1887,   in 
testate.      Letters 
of      Adtninialra- 
ti(in    granted    to 
Moritz  Gutmann 
(if    Victoria,     B. 
C,    by    the    Su- 
preme   Court   of 
liriiish  Cohimbin 

Merchant. 

on   the   2nd  day 

60 

of  October,  1888. 

7 

Morit   Gutmann. 

64 

November      10th, 

Bill  of  Sale  dated 

Morris     Moss,     of 

1888,  10.20  A.  M. 

November    10th, 
1688. 

Victoria,  B.  C. 
Merchant. 

199 


(Exhibits  Nos.  81  and  82.) 


10 


20 


30 


Number  of 
Tranuctlona. 

Name     of    I'ersim 
from  whom  Title 
is  derived. 

Number 
of  shares 
affected. 

D«te  of  Registry. 

Nature  and  Date  of 
Transaction. 

Name  of  Trausferac, 
M  orteagee,  or 
other  Peraoo  ac- 
quiring Title  or 
Power. 

8 

Morris  Moss. 

64 

November      19th, 
1889,      at      3.80 
p.  M. 

Bill  of  Sale  dated 
Novr.  18th,  1889. 

Victor  Jacobson,  of 
Victoria,  B.  C. 
Master  Mariner. 

» 

Victor  Jaoobson. 

64 

November      19th, 
1889,      at      S.85 
r.  u. 

Mortgage  B,  dated 
Novr.  18,  1889, 
for  the  sum  of 
98,000  (Three 
thousand  Dol- 
lars). 

Walter  Borns,  of 
Victoria,  B.  C. 
Gentleman. 

10 

Walter  Boms. 

64 

November        8th, 
1890,  10  A.  H. 

Discharge  of  Mort- 
gage U  for  98,- 
ooo.fPO  receipt 
dated  8th  Novr., 
1890. 

11 

Victor  Jacobson. 

64 

November        8th, 
1890,  at  1.45  P.M. 

Bill  of  Sale  dated 
8th  Novr.,  1890. 

George  Byrnes,  of 
Victoria,  B.  C. 
Auctioneer. 

12 

Alexander  Frauk. 

64 

February   9th, 
1891. 

Discharge  of  Mort- 
gage A  for  (1- 
'280.00.  Receipt 
datid  I9lh  No- 
vember,  1889,  and 
order  in  Council 
autliorizing  the 
Uischarge  of 
mortgage  A,  the 
original  having 
been  loKt. 

40 


EXHIBIT   No.  81  (a.  B.).  CLAIM  No.  8. 

Log  Book  of  schooner  "  Alfi-ed  Adams  "  for  18S7. 

By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printed,  reference  being  made  instead 
to  the  copy  printed  at  page  5-13  of  Vol.  2,  American  Re- 
print (p.  1986,  Record). 


50 


60 


EXHIBIT  No.  82  (O.  B.),  CLAIM  No.  8. 

Copy  of  part  of  Records  and  Proceedings  in  United 
States  District  Court  of  Alaska  in  case  of  United  States 
vs.  "Alfred  Adams." 

In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska,  United  States  of  America: 
To  the  Honorable  Lafayette  Dawson,  Judge  of  said  Dis- 
trict Coui't. 

The  libel  of  information  of  M.  D.  Ball,  Attorney  of  the 
United  States  for  the  District  of  Alaska,  who  prosecutes 
on  behalf  of  the  said  United  States,  in  the  name  and  on 
behalf  of  the  said  United  States  alleges  and  informs  as 
follows,  to  wit: 

That  L.  G.  Shepard,  an  officer  in  the  Revenue  Marine 
Service  of  the  United  States,  in  command  of  the  United 
States  Revenue  Cutter  "  Rush,"  and  on  special  duty  in  the 
waters  of  the  District  of  Alaska,  heretofore  to  wit:  On  the 


1MI:: 


y^ 


soo 


(V  «•  - 


(Exhibit  No.  82.) 

6th  (lay  of  August  A.  D.  1887,  within  the  limits  of  Alaska 
Territory,  and  in  the  waters  thereof,  and  within  the  civil 
and  judicial  District  of  Alaska,  to  wit:  Within  the  waters 
of  that  portion  of  Behring  Sea  belonging  to  the  United 
States  and  said  District  on  waters  navigable  from  the  sea 
by  vessels  of  ten  or  more  tons  burden,  seized  the  schooner 
"Alfred  Adams,"  of  Victoria,  B.  C,  her  tackle,  apparel, 

ID  boats,  cargo  and  furniture,  lieing  the  property  of  some 
person  or  persons  unknown  to  said  attorney. 

The  property  is  more  particularly  described  as  follows, 
to  wit:  Schooner  "  Alfred  Adams,"  of  Victoria,  B.  C,  of 
68.75  tons  burden  as  i)er  register  standing  and  running 
rigging,  sails,  chronometer,  and  nautical  instruments, 
clock,  lamps,  carpets,  tools,  books,  anchora,  casks,  cook- 
ing and  table  utensils,  provisions,  rifles,  shotguns,  and 
ammunition  for  the  saine,  and  thirteen  hundred  and 
seventy-nine  (I87)>)  fur  seal  skins,  and  all  other  pi operty 

2o  found  upon  and  appertinent  to  said  schooner. 

That  L.  G.  Shepard  was  then  and  there  duly  commis- 
sioned aixl  authorized  l»y  the  proper  Department  of  the 
United  States  for  the  following  causes:  That  the  said 
vessel  and  her  captain,  officers  and  crew  were  then  and 
theie  found  enjiaged  in  killing  fur  seals,  within  the  limits 
of  Alaska  Territory,  and  in  the  said  waters  thereof,  in  viola- 
tion of  Section  !!♦;>(!  of  the  Revised  Statutes  of  the  United 
S»'tes.  That  all  the  said  property  after  being  seized  as 
afuresaid  was  brought  into  the  Port  of  Sitka,  in  said  Dis- 

jOtrict,  and  turned  over  to  the  United  States  Marshal  of  this 
District,  with  the  exception  of  the  said  1S»7!>  fur  seal  skins, 
which  later  were  hrought  into  the  port  of  Oonalaska  in 
said  Territory  and  delivered  into  the  keeping  of  Isaac  An- 
deison,  a  deputy  United  States  Marshal  of  this  District, 
and  all  of  said  property  is  now  within  the  judicial  Dis- 
trict of  Alaska,  United  States  of  America,  and  said  M.  D. 
Hall,  attornev,  as  aforesaid,  further  informs  and  alleges, 
that  on  the  ilth  day  of  August,  A.  1).  1HS7,  W.  H.  Dyer 
and    certain    other    itcrsoiis    whose    names    are    to    the 

40 said  United  States  Attorney  unknown,  who  were  then 
and  there  engaged  on  board  01  said  schooner  *'  Alfred 
Adams,"  as  seamen  and  seal  hunters,  did  under  the  direc- 
tions and  by  tlie  authority  of  VV  H  Dyer,  then  and  there 
master  of  said  sf'hooner,  engage  in  the  killing  and  did  kill 
in  th«'  Territory  and  District  of  Alaska,  and  in  the  waters 
thereof  fifty  fur  seals,  in  violation  of  Section  IViti]  of  the 
Revised  Statutes  of  tlie  United  States,  in  such  cases  made 
and  provided. 
That  the  said    i:]T!>  fur  seal  skins  and  other  goods  so 

;o  seized  on  board  the  schooner  "Alfred  Adams"  constituted 
the  cargo  of  said  sc^hooner  at  the  time  of  the  killing  of  said 
fur  seals  and  at  the  time  of  said  seizure.  And  said  attor- 
ney saith  that  all  and  singular  the  i)remises  were  and  are 
M  ue,  and  within  the  admiralty  and  maritime  jurisdiction 
of  the  United  States  and  of  this  Honorable  Court,  and 
that  by  reason  thereof  and  by  force  of  the  Statutes  in 
such  cases  made  and  |)rovided  the  aforementioned  schooner 
being  a  vessel  of  (is.7.">  tons  burden,  and  her  said  apparel, 
tackle,  boats,  cargo  and  furniture  become  and  are  forfeited 

(,jU>  the  use  of  the  said  United  States.  Wherefore  the  said 
attoinev  prays  that  the  usual  process  and  monition  of  this 
Ifonoralde  Court  issue  in  this  behalf  against  said  schooner, 
and  all  said  hereinbefore  descrihed  property  to  enforce  the 
lorteiture  thereof,  and  requiring  notice  to  bo  given  to  all 
(teisons  to  appear  and  show  cause,  on  the  return  day  of 


SOI 


I  E.\liil)i!  Nn.  -ii'  ) 

snid  process,  why  said  foifiMliiie  should  not  ho  dectocd. 
and  that  after  due  proceedings  are  liad.  all  said  property 
be  adjud^fed  decreed  and  condenined  as  forfeited  to  the  use 
of  the  United  States  and  f(jr  such  other  relief  as  may  he 
proper  in  the  premises. 
Dated  Septemher  14,  issT. 

M.  I).  BAI.L. 
10  United  States  District  Attorney  for  the 

District  of  Alaska. 
By  A.  K.  DeLANEY. 

Special  Asst.  Atty.  foi'  the  U.  S. 
(Endorsed) -No.   !»(i.  — L'nited  States  District   Court.  Dis- 
trict of  Ahiska.-- The  United  States  c.s.  the  schooner 
"  Alfred  Adams  "—Lihel  of  Information.— Filed  Sept" 
14th,  ls,s7.-H.  E.  Haydon,  Clerk,  i.y  A.  A.  Meyer. 

Be  it  further  lememhered  that  at  said    May   term,  iss7, 
2oon  said  14th  day  of  Septemhei-.  1><S7,  thefollowinji  further 
proceedings  were  had  and  appear  of  record  in   saiil  cause, 
to  wit: 
In  the  matter  of  the  United   States  | 

v.s.  ■  No.  '.to. 

The  schooner  "  Alfred  Adams."  S 
Ordered  that  the  time  for  the  trial  of  this  caiise  he  fixed 
on  the  3d  day  of  Octoher.  A.  D.  IhsT.  and  the  i)lace  of 
such  trial  the  Court  room  at  Sitka.  Alaska,  and  that  four- 
teen days  notice  he  given  of  the  seizure  and  lii)el  herein,  hy 
30 publication  in  the  Altishtn,  a  wciekly  newspaper  puh 
lished  at  Sitka.  Alaska,  such  puhlication  to  hegin  in  tlie 
issue  of  Septemher  17.  1S.S7,  of  said  ))aper.  and  also  such 
notice  to  he  posted  nji  in  the  most  puhlic  manner  at  Sitka, 
aforesaid  for  the  space  of  fourteen  days,  such  notice  to 
contain  the  substance  of  the  lihel  herein  of  this  order. 

Be  it  further  rernemhwed  that  on  the  said  l.">th  day  of 
Septemher,  1S87,  a  monition  was  duly  issued  in  said  cause 
which  is  in  words  and  figures  following,  to  wit: 

40 United  States  District  Court  foi-  the  District  of  Alaska. 
District  of  Alaska,  Sect. 

The  President  of  the  United  States  of  America  to  the 
Marshal  of  the  District  of  Alaska,  greeting: 
Whereas,  a  libel  of  information  hath  been  filed  in  the 
District  Court  of  the  United  States  for  the  District  of 
Alaska,  on  the  Hth  day  of  September  in  the  year  1887,  hy 
Hon.  M.  D.  Ball,  United  States  Attorney,  for  the  District 
aforesaid,  on  behalf  of  the  United  States  of  America, 
against  the  schooner  '*  Alfred  Adams,"  her  tackle,  a])parel, 

'  boats,  cargo,  and  i;57!t  fur  st\al  skins,  furniture,  as  for- 
feited to  the  use  of  the  United  States,  for  the  reasons  set 
forth  in  said  libel  of  information,  and  praying  the  usual 
process  and  monition  of  said  Court  in  that  behalf  to  be 
made,  and  that  all  perscms  inteiested  in  the  said  schooner 
"  Alfred  Adams,''  her  tackle,  api)arel,  boats,  cargo,  and 
said  seal  skins  and  furniture,  &c..  may  be  cited  in  general 
and  special  to  answer  the  piemises,  and  all  proceedings 
being    had,    that    ?aid   schooner   "  Alfred    Adams,"   hei' 

^tackle,  apparel,  boats,  cargo  and  said  seal  skins  and  furni- 
ture, may  for  the  causes  in  the  said  libel  of  information 
mentioned,  be  condemned  as  foifeited  to  the  use  of  the 
United  States. 

You  are,  therefore,  hereby  commanded  to  attach  the 
said  schooner  "Alfred  Adams,"  her  tackle,  apparel,  boats, 


•202 


(Exhibit  No.  s>.) 

cargu  and  said  H-nl  skins,  and  furniture,  to  detain  the 
same  in  your  custody  until  the  fiuther  order  of  the  Court 
respecting  tlie  same,  and  to  giv«>  notice  to  all  persons 
claiming  the  sani",  or  know  inji  or  having  anything  to  say 
why  the  same  should  not  hy  condemned  and  s(dd  pni-snant 
to  the  jirayer  of  the  said  lihe!  of  information,  that  they  be 
and  appear  before  the  said  Court  to  he  held  in  and  for  the 
10  District  of  Alaska,  on  the  lird  of  October,  l^s7,  at  10 
o'clock  in  the  forenoon  of  the  same  day,  if  the  same  shall 
be  a  day  of  jurisdiction,  otherwise  on  the  next  day  of 
jurisdiction  thereafter,  tlitii  and  there  to  interpose  a  claim 
for  the  same,  and  to  make  llieir  allegations  in  that  behalf. 
And  what  you  shall  have  done  in  the|)remisesdoyou  then 
and  there  make  returns  ther<'of.  together  with  this  writ. 

Witness  tile  Hon.  I^aFayetto  Dawson,  Judge  of  said 
Court,  and  the  seal  thereof  aHixed  at  the  City  of  Sitka,  in 
th(*  District  of  Alaska,  this  l.'itli  day  of  September,  in  the 
2oyear  of  our  Lord  one  thousand  and  eight  hundred  and 
eighty-seven,  and  of  the  Independence  of  the  United 
States  the  one  hundred  and  twelfth. 

H.  E.   HAYDON, 
Clerk  of  the  U.  S.   District  Court. 
Hv  A.  A    MEYERS,  Dej.uty  Clerk. 
(Endorsed)— No.  tio.  — In  the  United  States  District  Court, 
for   the  District  of  Al.iska  - -The  Cnited  States  vs. 
Schooner     "  Alfred      Adams. — Monition. -Returned 
and  tiled  Oct.  a,    ls:s7.- H.   E.   Haydoii.  Clerk  U.  S. 
30  Dist.  Clerk. 

Retlkx. 
Sitka,  District  of  Alaska. 

Be  it  reniembeied  that  in  obedience  to  the  annexed  mo- 
nition, I  have  attached  the  thirteen  hundred  and  seventy- 
niui  fui'  seal  skins,  therein  mentioned,  but  the  said 
schooner  "  Alfred  Adams,"  and  other  property  therein  de- 
scribed, can  not  l)e  found  within*  the  jiuisdiction  of  this 
Court.  I  have  given  due  notice  to  all  persons  claiming  the 
property  described  therein,  to  be  and  ai)pear  before  this 
40  District  Court  on  the  Mrd  day  of  October  1HS7,  at  10 
o'clock  in  the  forenoon,  if  this  be  a  day  of  jurisdiction, 
otherwiseon  thenextdayof  jurisdiction  thereafter,  then  and 
there  to  make  their  claims  antl  allegations  in  that  behalf. 

And  I  have  as  ordered  hy  said  Court  caused  said  notice 
to  be  published  in  the  Alaskan  a  newspaper  published 
weekly  at  Sitka,  in  said  District,  on  the  I7!h  day  of  Sep- 
temb(?r,  iss7,  and  by  posting  the  notice  in  three  promi- 
nent places  in  the  town  of  Sitka  in  said  District. 
Sitka,  Oct.  3,  I.s!?7. 
50  BARTON  ATKINS, 

U.  S.  Marshal. 
District  of  Alaska.     U.  S.  District  Court. 

The  return  to  which  this  is  attached  is  so  amended  as  to 
state  that  I  have  in  my  possession  and  custody  certain 
arms  and  ammunition  seized  with  the  schooner  '•  Alfred 
Adams,'  to-wit: 

7  breech  loading  shot-guns. 


rifles. 


2  muskets. 
60     3,^  kegs  powder. 
259  shell  (loaded). 
190       "   (empty  ^ 
110  Cartridges  H. 
79  "         45. 

.54  "     (Small). 

50O  primers. 


(Exhibit  No.  vi.) 

An<l  afU'iwards,  to  wit,  on  the  I'-Jnil  day  of  Septi  nilier, 
tin*  followinjj:  finllicr  |»roct'f'(liii{is  \v»  re  had   in  said  cause 
and  a|)|)«'ar  of  record  wliich  arc  in   words  and  ti^urcs  foi- 
lowinfj,  to  wit: 
In  the  matter  of  the  United  States  ) 

vs.  No.   '.Ml. 

Tlie  schooner '•  Alfred  Adams."    * 

'o  And  now  comes  A.  K.  IX'lanev.  S|iecial  Counsel  repre- 
senting; tlie  I'nited  States  and  Hhng  liis  atlidavit  says  that 
he  is  one  of  the  Attorneys  for  tlie  I'Mited  States  in  the 
foiegoinj;  entitled  action,  whidi  action  isone  ///  /•(-///  under 
theadmiralty  jurisprudence  of  the  Tnited  States:  that  as 
<leponent  is  infoiined  and  lieMeves  one  VV.  II.  Dyer,  whnse 
wherealiouls  aie  unknown  to Ihedepoiieiit  has  the  aj;ency 
and  custody  of  the  property  seized  lierein  for  tiie  owners 
thereof  suhject  to  the  claim  of  the  rnite<i  States  for  for- 
feiture and  no  claim  has  heen  filetl  or  put    in   saiil  a'-lion: 

20  that  hy  reason  of  the  ahsence  from  this  District  and  the 
want  of  an  attorney  of  record  the  j^iviiig  of  the  notice  re- 
quired hy  section  xilJof  the  Hevised  Statutes  of  tlit!  United 
States  for  the  taking  of  depositions  is  inipiacticahle  and 
tliat  there  is  urgent  necessity  for  the  taking  of  the  tes- 
timony of  \j.  (t.  Sheparu.  David  A.  Hall,  and  Thos.  \V. 
Henliam  in  hehalf  of  the  United  States,  who  are  necessary 
and  material  witnesses  for  the  United  States  herein,  and 
saifl  witnesses  are  hound  on  a  sea  voyage,  and  are  ahout 
to  go  out  of  this  District  to  a  greater  distance  than  one 

30 hundred  miles  from  the  place  of  trial,  to  wit,  to  San 
Francisco,  California,  before  the  time  of  the  trial. 

Wherefore  the  deponent  |)rays  the  order  of  the  Court 
diiecting  the  taking  of  said  witnesses  testimony  l)efore  the 
Clerk  of  the  Court  at  his  office  at  Sitka,  on  the  24tli  day 
of  September,  A.  D.  lss7,  at  lo  o'clock  in  the  forenoon 
and  that  notice  of  the  time  and  (dace  of  taking  the  same 
be  served  on  the  said  Agent  \V.  H.  Dyer  twenty-four 
hours  prior  to  the  time  fixed  for  the  taking  of  such  depo 
sifions  by  posting. 

40  On  reading  and  filing  the  foregoing  affidavit,  ordered 
that  the  testimony  of  L.  (i.  Shepard,  David  A.  Hall  and 
Thos.  W.  Benham,  be  taken  before  the  Clerk  of  this  Court 
at  his  office  in  Sitka  on  Sept.  L'4th,  A.  D.  I8S7,  at  loo'clock 
in  the  forenoon  and  thatoneday's  notice  be  given  the  within 
named  W.  H.  Dyer  of  the  time  and  |)Iace  of  taking  same 
by  posting  in  three  of  the  most  pultlic  places  in  Sitka, 
Alaska,  copies  of  such  notice. 
Dated  Sept.  ti:i,  1SS7. 

\i\  the  Coiut. 

50  Captain  L.  (i.  Shepakd,  being  duly  sworn,  deposes  and 
says: 

I  am  the  commanding  ofticer  of  the  Revenue  Cutter 
"  Rush,'"  engaged  in  the  Revenue  Nhirine  service  of  tlie 
United  dtates,  and  was  such  on  the  t>th  of  August  last. 
I  am  tlie  officer  who  seized  the  schooner  "  Alfreil  Adams" 
on  that  day.  Seizure  was  made  Latitude  .'>+.52,  North, 
Long.  Uu.'Jt  West.  Cape  Cheerful,  Ounalaska  Island, 
bearing  S.  E.  S.  1/2  S.  through  .W  miles.  I  am  regularly 
commissioned  by  the  President  of  the  United  States,  and 

^^the  seizure  was  made  by  the  direction  and  by  the  authority 
of  the  Treasury  Department  of  the  U.  S.  The  seizure 
covered  the  vessel,  her  cargo,  furniture,  apparel,  tackle, 
arms,  amujunition  and  l,37!t  fur  seal  skins.  The  ve,ssel 
was  seized  on  waters  navigable  from  the  sea,  by  vessels 
of  10  or  more  tons  burden. 


I' I 


If 


■2m 


(Exliil)it  No.  ^1'.) 

The  seal  skins  and  urms  and  aininiiiiitii)n  wort;  turnod 
over  to  the  U.  S.  Marshal  of  this  District.  I  instructotl 
the  Captain.  W.  W.  Dyer,  iiiastei' of  the  schooner,  to  take 
hi.s  ve.ssel  to  Sitka,  and  report  to  tlie  U.  S  Marshal  for 
this  District.  I  also  gave  him  a  letter  address«'d  to  the 
U.  S.  District  Attorney  and  U.  S.  Maishal  at  Sitka. 
Connsel  e.\hil»ited  to  witness  the  jtapors  of  the  sdiooner 
io*'Alfreil  Adams."  consisting  of  Certificate  of  British  Reg- 
istry No.  sa,-J4;5,  dated  March  l.'.th,  \Hs-2.  issued  by  register 
of  Victoria,  B.  C.  showing  tonnage  of  vessel  to  Iw  (>H.7."»; 
also  agreement  with  crew  No.  is, 771;  also  Clearance  is 
sued  hy  Cnstom  House  at  Vict<»ria,  B.  C.,  loth  of  .June, 
i8s7,  bound  for  the  North  Pacitic  (kean  and  the  Behring 
Sea,  on  hunting  and  fishing  voyage;  also  accompanying 
liill  of  health,  same  date  same  olHce;  also  l(jg  hook  show- 
ing taking  of  seal  from  the  1.">th  of  June.  Iss7,  to  thu  day 
before  the  vessel  was  seized. 
20  Witness  says,  I  identify  those  papers  and  the  log 
hook  as  the  papers  of  the  "Alfred  Adams."  Papers 
offered  in  evidence  and  received.  This  vessel  was 
boarded  by  Lieuts.  Hall  and  Dim  woody.  She 
had  l;i7!>  ^^.ins  on  board,  and  when  boarded  had  14  seals 
recently  killed,  and  not  yet  skimied,  on  deck.  Ve.s.sel  ha<l 
been  in  Benring  sea  since  July  loth.  The  Captain,  when 
he  came  on  hoard  the  "  Hush,"  stated  to  me  that  he  came 
in  Behring  sea  for  the  purpose  of  taking  seal,  and  thought 
that  he  bad  a  right  to  do  so  outside  of  the  marine  league 
30  from  the  shore. 

L.  Cr.  SHEPAHD. 
Subset  ibed  and  sworn  to  before  me  this  24th  day  of  Sep- 
tember, A.  D.  Issti,  after  having  l)een  read  over  bv  me  to 
deponent.  H.  E.  HAVDON, 

Clerk  U.  S.  Dist.  Coiu-t. 
Lieut.  David  A.  Hall,  being  duly  sworn  depo.ses  and  says: 
I  am  the  executive  officer  of  the  Revenue  Cutter  "  Rush," 
and  am  the  officer  mentioned  in  the  evidence  of  Captain 
Shepard.  On  the  day  mentioned  by  him  1  hoarded  the 
40 schooner  *' Alfred  Adams,"  and  found  14  dead  seals  011 
deck  not  skinned.  The  Captain  claimed  that  he  was  in 
the  sea  sealing  and  bad  a  right  .so  to  do  outside  of  three 
miles  or  ono  lejigue  limit. 

DAVID  A.  HALL, 

1st  Lieut.  U.  S.  R.  M. 
Sworn  and  subscribed  to  before  me  thi3  24th  day  of  Sep- 
tember, A.  D.  iss",  after  having  been  read  over  by  me  to 
deponent.  H.  E.  HAYDON, 

Clerk  U.  S.  Dist.  Court. 
50  Particulars  of  Engagement. 


SignBtiire  of  Crow 


Adv. 


Frank  Worth 42 


Edward   Hodgson. 

Samuel   Bruce 

.James  Kemper 


(3oWong  Quong i     2.5 


W.  W.  Dyer. 
Willi.  Thomson.. 
Edward  Hodgson 
Cv.  Petei-son 


Guoon  Quong  Tai 


20.5 


(Exhihit  No.  s'2.) 

And  afterdvards,  to  wit.  on  (October  3.  IHh",  the  follow- 
ing further  proceedings  were  had  in  said  cause,  and  ap- 
pear of  record  which  are  in  words  and  figures  following, 
to  wit: 


'  U 


\ 


No.  !MI. 


The  United  States 
vs. 
Schooner  "Alfred  Adams."  ) 
'°  The  Marshal  havinu  returned  on  the  monition  issued  to 
him  in  the  above  entitled  action  that  in  obedience  thereto 
he  had  attached  the  said  arms  and  ammunition  and  thir- 
teen hundred  and  seventy-nine  fur  seal  skins  and  now 
holds  the  same  in  his  possession  subject  to  the  order  of  the 
Court,  and  it  appearing  by  said  return  that  all  other  prop- 
erty so  seized  is  not  now  within  the  jurisdiction  of  this 
Court  and  having  given  due  notice  to  all  persons  claiming 
the  same  to  appear  before  this  Court  on  the  Hd  day  of  Oc- 
tober. 1S87,  at  10  o'clock  a.  m.,  then  and  there  to  inter- 
pose their  claims  and  make  their  allegations  in  that  be- 
half, and  no  other  claims  or  allegations  having  been  made 
or  filed  by  any  other  person  or  persons  and  the  usual  proc- 
lamation having  been  made  and  said  cause  having  been 
heard  on  the  pleadings  and  pi-oofs  of  M.  D.  Ball,  U.  S. 
District  Attorney,  by  A.  K.  Delaney.  counsel  in  that  be- 
half, appearing  as  advocate  for  said  libellant,  and  said 
cause  having  been  submitted  to  the  Court  for  decision, 
and  due  deliberation  being  bad  in  the  premises,  and  the 
Court  having  filed  his  findings  of  fact  and  conclusions  of 
^  law  herein,  it  i?  now  thereupon  ordered,  sentenced  and  de- 
creed as  follows: 

Ist.  That  all  persons  whosoever  having  any  claims  or 
allegations  against  said  proparty  be  and  they  are  hereby 
decreed  in  contumacy  and  default. 

2nd.  That  said  arms  and  ammunition  and  thirteen  hun- 
dred and  seventy-nine  (1H79)  fur  seal  skins  now  in  custody 
of  the  Deputy  U.  S.  Marshal  at  Oonalaska,  Alaska,  sub- 
ject to  the  order  of  the  Court,  be  and  the  same  are  hereby 
condemned  as  forfeited  to  the  use  of  the  United  States. 
^  3rd.  That  unless  an  appeal  be  taken  to  this  decree  within 
the  time  limited  and  prescribed  by  law  and  the  rules  of  the 
Court,  the  usual  writ  of  venditinui  exponas  be  issued  to 
the  Marshal,  commanding  him  to  sell  all  the  property  and 
bring  the  proceeds  into  this  Court  to  be  distributed  accord- 
ing to  law. 

(EudorsedV— No.  90.— United  States  rs.  "Alfred  Adams." 
-  Decree. --Filed  October  3, 1887.— H.  E.  Hayden,  Jr., 
Deputy  Clerk. 

And  afterwards  to-wit,  on  October  3,  1887,  the  follow- 
ing further  pro(!eedings  were  had  in  said  cause,  and  ap- 
pear of  record,  which  are  in  words  and  figures  following, 
to-wit: 
In  the  matter  of  the  United  States  ) 

vs.  \  No.  !to. 

The  Schooner  "Alfred  Adams."     ) 

This  cause  having  been  tried  and  submitted,  the  Court 
from  the  evidence  finds  the  following  facts  and  conclu- 
6osion8  of  law: 

Ist.  That  on  the  6th  day  of  August,  1887,  and  thereto- 
fore the  master  and  crew  of  the  defendant  vessel  were 
engaged  in  killing  and  did  kill  five  seals  in  that  portion  of 
Behring  sea  ceded  by  Russia  to  the  United  States  by  the 
treaty  of  March,  1867,  and  within  the  waters  of  Alaska, 


200 


t!i* 


(Exliil)it  No.  82.) 

in  violation  of  Section  1)*M(  of  the  Kevjsed  HtntuteH  of  the 
United  Staten. 

2d.  That  on  the  said  Uth  day  of  AugUHt,  1MS7,  said  ves- 
sel, her  furniture,  apparel,  taclcle,  oar^o  and  1,H7)*  fur 
eeal  skins  were  seized  in  said  waters  by  the  commanding 
officer  of  the  United  States  Kevenue  Cutter  "  Rush,"  tlien 
and  tliere  engaged  in  the  Itevenue  Marine  service  of  the 
ID  United  States 

8d.  That  said  commanding  officer  was  duly  connnis- 
sioned  by  the  President  of  the  United  States  and  made 
sucli  seizure  under  the  diiections  and  by  the  authority  of 
the  Treasui y  Department  of  the  United  States. 

4th.  That  the  said  property  so  seized,  the  said  1,;<7!»  fur 
seal  skins,  arms  and  ammunition,  were  delivered  by  said 
commanding  ntHcer  of  said  cutter  to  the  United  States 
Marshal  of  the  District  of  Alaska,  and  are  now  within 
the  jurisdiction  of  this  Court. 
2o  .\s  conclusions  of  law,  the  Court  finds  that  the  plaintiff 
is  entitled  to  a  decree  of  forfeiture  against  said  ve.ssel, 
her  furniture,  apparel,  tackle,  cargo,  and  the  said  1,1571) 
fur  seal  skins. 

And  afterwards  to- wit,  on   Dec.  12,  IN87,  the  following 
further  proceedings  were  had  and  appear  of  record  in  said 
cause,  which  are  in  words  and  figures  following,  to  wit: 
The  United  States  1 

TheSciiooner  "Alfred  Adams,"  J"^""  '•"'• 
3°  her  cargo,  etc.  J 

It  was  ordered  by  the  Coui  t  that  the  United  States  Mar- 
shal for  the  13istrict  of  Alaska  sell  the  tliirteen  hundred 
and  seventy-nine  (l:!7!')  fur  seal  skins  seized  from  the 
schooner  "'  Alfred  Adams"'  and  condemned  by  the  decree 
of  this  court  as  forfeited  to  the  United  States. 

That  for  the  ])urpose  of  said  f-n\e  he  is  authorized  to 
take  said  skins  out  of  the  District  of  Alaska  to  secure  a 
better  maiket.  and  to  take  them  to  Port  Townsend, 
Seattle,  or  Tacoma  on  Puget  Sound  in  the  l^istrict  of 
"*  Washington  Territory  and  there  make  said  sale  having 
first  advertised  the  tilne  and  place  thereof  as  required  by 
law  for  at  least  thirty  days,  and  that  out  of  tbe  pioceeds 
thereof  he  pay  the  costs  and  expenses  of  said  sale  of  in- 
suring, caring  for,  and  transporting  said  property,  and 
that  he  ai»ply  the  balance  of  said  proceeds  as  provided  by 
law  and  report  all  his  doings  in  the  premises  to  this 
Court. 

(Endorsed)— No.  ito.— In  the  U.  S.  Dist.  Court.— Dist.  of 
Alaska.— United  States  vs.  Schooner  "Alfred 
.Adams."— Order  for  sale  of  lS7St  fur  seal  skins. — 
Filed  Dec.  12,  1.SS7.— H.  E.  Hayden,  Clerk. 

And  afterwards  to-wit,  on  April  li»,  188H,  the  following 
further  proceedings  were  had  in  said  cause  and  appear  of 
record,  which  are  in  words  and  figures  following  to-wit: 
In  the  matter  of  the  United  States  ) 

vs.  >  No.  DO. 

Schooner  "  Alfred  Adams."  ) 
6q  Now  comes  M.  P.  Berry,  appearing  as  proctor  for  claim- 
ants and  moves  the  Court  for  leave  to  file  a  motion  for 
rehearing  in  above  entitled  cause.  Whereupon  after  due 
consideration  and  argument  the  motion  was  oveiTuled  by 
the  Court  and  also  a  board  being  tendered  the  same  was 
refused  by  the  Court. 


SO 


MOT 

(Exhibit  No.  10,  U.  S.) 
United  States  Exhibit. 
EXHIBIT  No.  10  (U.  8.).  CLAIM  No.  8. 

Certified  copy  of  pr(x.'eediiiK8  ill  tlie  Supreme  Court  of 
British  Cohimltia  in  the  matter  of  the  Estate  uf  Jacob 
Uutmaii,  Deceaweil. 

In  the  Supreme  Court  of  British  Cohnnhia.     In  Probate. 

lo In  the  matter  of  tiie  Estate  of  Jaccl»  (iutnian   Dt'ceaswl 

and  in  the  matter  of  The  Merciiant  Shipping  Act  is.'')4 

(17  &  18  Vict.  C.  Ht+). 

I.  Ale.\ander  Frank,  of  the  firm  of  "Ciutniann  &  Frank  " 

of  Johnson  Street  in  the  City  of  Victoria  in  the  Province 

of  British  Uoluniltia,  Merchants  and  Indian  traders,  lu'reity 

make  oatii  and  say  iis  follows: 

1.  That  on  the   7th   day  of   November,  lss7.  letters  of 

administration  (ihnaiite  miuorv  tvtittti  of  Moritz  (iutniaiiii) 

to  the  estate  of  Jacob  (hitinann  the  above  nametl  dcceastMl 

20  were  granted  to  me  by  the  Supreme  Court  of   British 

Columbiii. 

•1.  Tbat  the  said  estate  of  the  said  Jacob  Gutnian  con- 
sists of  u'uteralia)  a  British  shipregistererl  in  the  name  of 
the  said  Jacob  Gutmann  at  the  Port  of  Victoi'ia,  British 
Columbia,  aforesaid,  sucii  ship  Iteing  registered  as  the 
"Alfred  Adams"  and  thirty-two  sixty  fointlis  of  and  in  a 
certain  ship  belonging  to  the  said  firm  of  "Gutmann  & 
Frank,"  but  which  said  last  mentioned  ship  is  registered 
at  the  said  port  of  Victoria  in  the  name  of  the  said  Jacob 
3°  Gutmann  and  is  registered  under  the  name  of  the  "  Black 
Diam(»nd." 

:'..  That  I  hold  a  mortgage  for  twelve  hundred  and  fifty 
dollars  on  the  said  ship  tbe  ".\lfred  A<laius,"  and  tiiat 
such  mortgage  is  duly  recorded  at  tbe  said  port  of  Victoria 
according  to  the  |)rovisions  of  the  above  mentioned  act. 

Sworn  at  tlr  City  of  Victoria  in  the  Province  of  British 
Columbia  tiiisHlst  day  of  Jaiuiary  isss,  before  me, 
4.  That  I  an  American  subject. 
40  <  Signed ) 

ALEX.  FKANK, 
W.  J.  TAYLOR, 
A  Commissioner  for  taking  athdavits  in  the 
Supreme  Court  of  British  Columbia. 

In  the  Supreme  Court  of  British  Columbia,  in  Prol)ate. 
In  re  the  est.ite  of  Jacob  Gutmami.  deceased. 

I,  Alexander  Frank,  of  tbe  City  of  Victoria,  in  tbe 
Province  of  British   Columbia,  mei chant,  hereby  make 

50 oath  and  say  as  follows: 

1.  That  by  order  of  the  above  Coiu't,  dated  the  7th  day 
of  November,  1S87,  I  was  appointed  the  administrator  of 
the  estate  of  Jacob  Gutmann,  decea-ed,  durante  viinore 
cetate  of  one  Moritz  Gutmann,  and  I  was  ordered,  upon 
the  said  Moritz  Gutmann  attaining  the  age  of  twenty- 
one  years,  to  exhibit  to  the  Court  a  just  and  true  account 
of  the  estate  and  effects  of  the  said  Jacob  Gutmann,  and 
that  letters  of  administration  were  granted  to  me  in  ac- 
cordance with  such  order. 

60  2.  That  I  am  informed  and  verily  believe  that  the  said 
Moritz  Gutmann  has  attained  the  age  of  twenty-one 
years. 

H.  That  the  said  Jacob  Gutmann  was  at  the  time  of  his 
decease  a  partner  with  me  in  a  business  carried  on  by  us 
at  the  City  of  Victoria,  as  merchants  and  Indian  traders, 


•iOH 

(Exhibit  No.  I(».  U,  H.) 

and  that  the  entate  of  the  Haid  Jacob  Gutmann  conniHtH  of 
une-lialf  iiiteivHt  ill  tbt*  |)ro|H>i'ty  of  hiicIi  partnership. 

4.  That  the  arcnunt  hereunto  annexed  marked  "A  "  is 
a  true  account  of  the  aKsets  and  Uabihties  of  the  estate  of 
the  said  Jacob  (hitniann,  deceaHetl 

5.  That  the  account  hereunto  annexed  marked  "  B  "  is 
a  true  accoimt  of  cbhIi  received  and  payments  made  by 

lonie  from  tlie  4tli  day  of  Octolter,  IHsT,  up  to  and  tintil  the 
present  date  on  account  of  the  said  |>artner8hip  Arm,  and 
that  such  account  shows  the  deahngs  of  tlie  said  firm  and 
with  the  said  partnership  property  during  and  between  llio 
said  dates. 

(SiKued)     ALKXANDKR  FUANK. 
Sworn  at  llie  City  of  Victoria  tliis  'id  day  of  October, 
lisi^.H,  |)t>fore  me, 

J.  P.  WALLS, 
A  Couuuissioner  for  taking  affidavits 
20  in  the  Supreme  Court  of    British 

Columbia. 

"A" 
This  is  the  account  marked  "  A  "  referred  to  in  the  affi- 
davit of  Alexander  Frank   sworn   to  before  me  this  :ind 
dav  of  October,  1«8S. 

J.  P.  WALLS, 

A  Coiinnr.,  cVc. 
In  the  matter  of  the  estate  of  Jacob  (Sutnian,  deceased. 
30     The  following  is  a  list   of  assets  of  the  estate  of  the 
deci'ased. 

The  deceased  is  entitled  to  oue-half  interest  in      le  fol- 
lowinji;  jjroperties: 

British  Schooner  "Black  Diamond." 
British  Scl)ooner  "Lily." 
(loods  on  band  at  Clayoquot  Station. 
Wlialing  Gear. 
Goods  on  hand  at  Victoria. 
Real  Estate  Lion  Brewery. 
40  Real  Estate  lot  adjoining  Lion  Brewery. 
Goods  on  board  the  Schooner  "Lily." 

Book  accounts  go(»d KiS'.t  01 

Book  accounts  doubtful. 

Bills  cSc  Notes  receivable  good l-j-2i  I'o 

Bills  and  Notes  receivable  doubtful. 

Cashonhand 41  40 

Claim  against  tlie  U.  S.  Government  re  seizure  Al- 
fred Adams. 
Interest  is  claimed  from  Oct.  1,  iS87,  at  7  ^  per  annum. 
5°     The  following  is  a  list  of  the  liabilities  due  from   the 
ab(  /e  estate: 
On    half  share  of  the  following  debts: 

S.      .  Frank  &  Co. ,  San  Francisco,  Cal 10,589  32 

H      utman,  Munchen,  Germany 80  00 

Bi      «Sc  Notes  payable 1,000  00 

Mc    iTcages  on  Lion  Brewery 2, 200  00 

Fn     Thornberg.  Clayoquot  Station 700  00 

Su    Iry  accounts 200  00 

6oBp   k  British  Columbia 2,490  54 

Ciayoquot  Indians 335  00 

Suit  Capt.  Dyer  on  account  of  seizure  Alfred  Adams.     W, 

Thompson's  claim  to  be  paid  when  U.  S.  Government 

pays  the  claim. 
Re  seizure  "Alfred  Adams." 
Claim  of  M.  G utman  for  wages. 


20)) 


.1  i-.i< 


n 


'$ 


20 


(Exhibit  No.  10,  U.  S.) 

In  Tlie  Suprem<>  Court  of  Britmh  Coinmbia. 
J»  re  the  Estate  of  .lacob  Gutmiinn  dectnised  and  in  thn 
niatt«>i-  of  the  Merchant  ShinpiiiK  Act  lHri4  (17  &.  IH 
Vict.  C  1(14) 

1,  Gronow  Gaches  Gwynn  of  the  City  of  Victoria  in  the 
Province  of  Kritiwh  Cohinibia  hereby  make  t)atb  and  say 
as  follows: 

°     1.  That  I  am  employed  in  the  office  of  Mr.  Theodore 
Davie  of  the  City  of  Victoria,  Barrister  and  Solicitor. 

2.  That  in  the  course  of  my  duties  as  such  employee  I 
made  appliciition  to  Mr.  Justice  Crease  one  of  the  Judges 
of  the  Supremo  Court  of  Britisii  Columbia  for  an  f)rder  for 
the  grant  of  letters  of  administration  to  the  estate  of 
Jacob  (fUtmann  deceased  and  that  letters  of  administra- 
tion to  the  said  estate  were  granted  to  Alexander  Frank 
of  the  said  City  of  Victoria  on  the  7th  day  of  November, 
1887. 

:i  That  at  the  time  of  making  such  application  and 
until  within  a  few  days  previous  to  the  day  of  the  date 
of  this  my  affidavit  I  was  not  aware  nor'  had  it  been 
brought  to  my  knowledge  or  to  the  best  of  my  knowledge 
and  belief  to  the  knowledge  of  my  said  employer  that 
the  said  Alexander  Frank  was  other  than  a  British  sub- 
ject. 

4.  1  am  informed  and  verily  i)elieve  that  the  said  Alex- 
ander Frank   'j  an  American  subject. 
30  (Signed)       GRONOW  G.  GWYNN. 

Sworn  at  the  City  of  Victoria  in  the  Province  of  British 
Columbia  this  Istday  of  February  1888  before  me. 

W.  J.  TAYLOR. 
A  Conunissioner  for  taking  affidavits  in  the 
Supreme  Court  of  Britisii  Columbia. 

In  the  Supreme  Court  of  British  Columbia.     In  Probate. 
In   the  matter  of    the  Estate  of    Jacob  Gutniann,   de- 
ceased. 
'*°     Letters  of  Administration  granted  to  Alexander  Frank 
on  the  seventh  day  of  November.  1S87. 

I,  Alexander  Frank,  of  the  City  of  Victoria,  in  the  Prov- 
ince ot  British  Columbia,  Merchant,  hereby  make  oath 
and  say  as  follows: 

1,  That  I  am  the  above  mentioned  Administrator  of  the 
Estate  and  effects  of  Jacob  Gutmann,  deceased. 

2  That  the  Inventory  or  Schedule  hereunto  annexed 
and  marked  with  the  letter  "  A  "  is  a  true  and  perfect  In- 
50  ventory  of  the  Estate  and  effects  of  the  said  Jacob  Gut 
mann,  deceased,  and  that  the  same  is  exhibited  by  me  as 
such  in  accordance  with  the  order  of  the  Honorable  Ch. 
Justice  Crease,  one  of  the  Judges  of  the  above  Court,  iip- 
poiiiting  me  the  administrator  durante  mt'uore  wtcite  of 
tiie  aliove  estate. 

(Signed.)    ALEXAIJDER  FRANK. 

Sworn  at  the  City  of  Victoria,  in  the  Province  of  British 
Columbia,  this  30th  day  of  April,  1888,  before  me, 
,  D.  M.  EBERTS, 

A  Commissioner  for  taking  affidavits  in  the 
Supreme  Court  of  British  Columbia. 


^il 


210 

(Exhibit  No.  10,  U.  S.) 
"A" 

The  Inventory  of  Schedule  in  the  annexed  Affidavit 
OF  Alexander  Frank  referred  to. 

One  half  part  or  share  of  and  in  the  following  moneys, 
properties,  effects  and  credits. 

One  Schooner  registered  at  the  Port  of  Victoria  in  the 
10  name  of  Jacob  Gutman    the    deceased    and    under  the 
name  of  the  "  Black  Diamond." 

One  other  Schooner  also  registered  at  the  Port  of  Vic- 
toria in  the  name  of  the  said  Jacob  GuLman  and  under  the 
name  of  "Lily"  and  formerlycalled  the  "Alfred  Adams." 

Merchandise  and  general  stock  in  trade  of  Indian  trad- 
ers in  upon  or  about  a  certain  store  situate  at  Clayoquot 
Sound  on  the  West  Coast  of  Vancouver  Island,  such  stock 
in  trade  being  of  the  value  of  five  thousand  dollars  or 
thereabouts. 
2o  Cash  in  the  store  at  Clayoquot  Sound  eight  hundred 
dollars  or  thereabouts. 

Merchandise  and  general  stock  in  trade  of  the  firm  of 
•  Gutman  and  FranK  "  in  their  store  at  Johnson  Street  in 
the  City  of  Vi'^toria  of  the  value  of  twenty-five  hundred 
dollars  or  thereabouts. 

Book  accounts  of  the  said  firm  of  "  Gutman  and  Frank" 
amounting  to  one  thousand  dollars  or  thereabouts. 

Hereditaments  and  premises  known  as  the  "  Lion 
Brewery  "  situate  at  Spring  Ridge  in  the  said  City  of  Vic- 
30  toria  comprising  two  and  a  half  acres  of  land  (more  or 
less)  a  brewery,  a  licensed  saloon,  and  a  dwelling  house, 
subject  to  two  mortgages  to  secure  the  sums  of  one  thou- 
sand dollars  and  twelve  hundred  dollars  respectively. 

A  plot  of  Land  containing  one  half  of  an  acre  (be  the 
same  more  or  less)  and  situate  adjoining  the  above  men- 
tioned "  Lion  Brewery  "  property. 

Claim  against  the  United  States  Government  for  the 

value  of  thirteen  hundred  and  eighty-six  seal  skins  and 

for  damages  for  the  seizure  by  the  said  Government  of 

4othe  schooner   "Alfred  Adams"  and  for  the  detention  of 

the  said  skins  and  certain  guns  and  amunition. 

ALEXANDEP.  FRANK. 

This  is  the  Inventory  or  Schedule  marked  "A"  referred 
to  in  the  annexed  affidavit  of  Alexander  Frank,  sworn 
before  me  this  aoth  day  of  April,  1888. 

D.  M.  EBERTS, 

A  Commissioner,  &c. 

In   the  Supreme  Court  of  British  Columbia. — In 
50  Prf)bate. 

1)1  re  the  Estate  of  Jacob  Gutman. 

I,  Alexander  Frank  of  the  City  of  Victoria,  in  the  Prov- 
ince of  British  Columbia,  trading  under  the  name  or 
style  of  "Gutmann  &  Frank,"  as  merchants  and  Indian 
traders,  hereby  make  oath  and  say,  as  follows: 

1.  That  for  two  yeai-s  and  upwards  one  Jacob  Gutmann 
had,  until  the  date  of  his  supposed  death  hereinaftei"  men- 
tioned, been  in  partneiship  with  me  in  a  trade  or  business 
carried  on  by  us  at  Johnson  street,  in  the  said  city  of  Vic- 
60 toria.  trading  under  the  name  or  style  of  "Gutmann  & 
Frank,"  as  merchants  and  Indian  traders. 

tl.  That  in  the  course  of  our  said  business  our  said  tirni 
possessed  three  schooners,  and  that  occasionally  either  I  or 
the  said  Jacob  (Jutmaun  would  accompany  the  said 
schooners  or  one  or  other  of  them  to  Clayo(|Uot  Sound  on 


211 


(Exhibit  No.  10,  U.  S.) 

the  West  Coast  of  Vancouver's  Island,  British  Columbia, 
aforesaid. 

3.  That  in  the  month  of  February,  in  the  present  year, 
the  jaid  Jacob  Gutmann  sailed  from  the  port  of  Victoria, 
British  Columbia,  aforesaid,  in  one  of  our  said  schooners, 
known  by  the  name  of  the  "  Black  Diamond,"  bound  for 
Clayoquot  Sound  aforesaid. 

10  4.  That  our  said  partnei-ship  firm  have  a  store  or  trad- 
ing post  at  Clayoquot  Sound  aforesaid,  and  that  the  said 
schooner,  the  "Black  Diamond,"  was,  on  leaving  Vic- 
toria, loaded  with  goods  and  provisions  for  the  purpose  of 
supplying  such  store,  and  that  it  had  been  arranged  be- 
tween the  said  Jacob  Gutmann  and  myself  that  tlie  said 
schooner,  the  "  Black  Diamond,"  should,  after  having  dis- 
charged her  cargo  proceed  on  another  expedition,  and 
that  the  said  Jacob  Gutmann  should  be  left  at  Clayoquot 
Sound  aforesaid  to  look  after  our  interests  there  for  some 

20 little  time,  and  that  the  said  Jacob  Gutmann  should,  after 
liaving  transacted  his  business  at  our  said  store  at  Ciay- 
oquet  Sound  aforesaid,  return  to  Victoria  by  canoe  or  other 
available  means  of  transit. 

5.  That  the  said  schooner  the  "Black  Diamond"  ar- 
•  rived  at  Clayoquot  Sound  aforesaid  in  due  coui-se  with  the 
said  Jacob  Gutmann  on  board  and  that  tl)e  schooner 
having  discharged  her  cargo  proceeded  on  another  expe- 
dition leaving  the  said  Jacob  Gutman  at  l-Iayoquot  Sound 
in  accordance  with  the  aforesaid  arrangements. 

30  (>.  That  on  or  about  tlie  l!)th  day  of  March  in  the  pres- 
ent year  one  Moritz  Gutmann  a  brother  of  the  said  Jacob 
Gutmann  was  sent  down  to  Clayoquot  Sound  aforesaid  by 
our  said  firm  for  the  purpose  of  taking  cliarge  of  our  said 
store  there  and  that  the  said  Moritz  Gutmann  arrived  at 
Clayoquot  Sound  aforesaid  on  or  about  the  twenty  third 
day  of  March  in  tlie  present  year  and  that  on  the  arrival 
of  the  said  Moritz  Gutmann  the  said  Jacob  Gutmann  was 
still  at  Clayoquot  Sound  aforesaid. 

7.  That  towards  the  latter  part  of  the  month  of  March 

40 another  of  our  said  schooners  viz:  the  "  Active  "  arrived 
at  Clayoquot  Sound  aforesaid  and  that  on  the  2J>th  day 
of  March  in  the  present  yeai'  the  said  Jacob  Gutmann 
left  Clayoquot  Sound  aforesaid  in  the  said  schooner  the 
"Active"  bound  for  Port  San  Juan  on  the  said  West 
Coast  of  Vancouver  Island  it  being  the  expressed  inten- 
tion of  the  said  Jacob  Gutmann  to  leave  the  said  schooner 
the  "  Active  "  at  Port  San  Juan  aforesaid  and  to  take  a 
canoe  from  that  place  to  Victoria. 
H.  That  on  the  Ist  day  of  April  in  the  present  year  a 

50  fierce  hurricane  raged  along  the  said  West  Coast  of  Van- 
couver Island  and  that  during  the  continuance  of  that 
hurricane  a  number  of  vessels  were  wrecked  or  otiierwise 
lost. 

9.  Tliat  on  or  about  the  17th  day  of  April  last  the  said 
schooner  tiie  "  Black  Diamond  "  returned  to  Victoria  in 
distress  having  been  out  in  the  said  gale  of  the  beginning 
of  April  and  brought  me  news  that  a  report  was  being 
circuhited  that  the  schooner  the  "  Active  "  had  not  arrived 
at  Port  San  Juan  and  was  supposed  to  be  lost  with  all 
60 hands  on  board. 

l(».  That  ill  tiie  mouths  of  April  and  May  last  I  made  re- 
sjiectively  two  trips  to  the  said  Port  San  Juan  and  Clayo- 

Juot  Sound  aforesaid  and  made  inquiries  amongst  the 
ndians  and  otliers  as  to  the  missing  schooner  the 
"  Active"  and  that  I  ascertained  that  the  said  schooner 
the  "Active"  had  never  arrived  at  Port  San  Juan,  her 


IP 


212 

(Exhibit  No.  10,  U.  8.) 

said  destination,  and  that  it  was  the  general  impression 
amongst  the  inhabitants  of  the  said  West  Coast  the  said 
schooner  the  "  Active"  could  not  have  withstood  the  vio- 
lence of  the  said  gale,  and  that  as  there  had  been  no  trace 
of  her  found  that  she  must  have  been  lost  with  all  hands 
on  board. 

11.  That  there  were  on  board  the  said   schooner  "The 
10 Active"  when  she  left  Ciayoquot  on  the  2!>th  day  of 
March  last,  as  aforesaid,  besides  the  said  Jacob  Gutmann 
four  other  white  men  and  twenty  eight  Indians. 

12.— That  no  word  or  other  tidings  has  ever  been  re- 
ceived as  to  the  fate  of  the  said  Jacob  Gutmann  or  either 
of  the  said  four  white  men  and  twenty-eight  Indians,  and 
that  thepresumption  is  that  the  said  schooner  "The  Active" 
must  have  been  lost  with  all  hands  on  board  during  the 
said  hurricane  on  or  about  the  said  1st  daj'  of  April  last. 
13. — That  to  the  best  of  my  knowledge  and  belief  the 
20said  Jacob  Gutman  has  left  no  will  or  other  testamentary 
document  behind  him,  and  that  such  knowledge  and  belief 
is  founded  upon  a  search  I  have  made  amongst  the  effects 
of  the  said  Jacob  Gutmann. 

13.— Th.3t  the  said  Jacob  Gutmann  was  a  native  of  the 
Kingilon)  of  Bavaria,  in  the  Empire  of  Germany,  and- 
that  the  only  relative  of  the  said  Jacob  Gutmann  in  British 
Columbia  is  a  brother,  the  said  Moritz  Gutmann,  and  that 
the  said  Moritz  Gutmann  is  a  minor  and  under  the  age  of 
twenty-one  years. 
30  14.— That  Moses  Lenz,  of  the  said  City  of  Victoria,  mer- 
chant, is  a  ere-  itor  of  the  said  firm  of  Gutmann  &  Frank 
to  the  amount  of  four  hundred  and  fifty  dollars  or  there- 
abouts, and  that  he  is  desirous  of  obtaining  letters  of  ad- 
ministration to  the  estate  and  effects  of  the  said  Jacob 
Gutmann  in  British  Columbia,  and  that  such  estate  and 
effects  consist  .solelj"  of  one-half  interest  in  the  said  part- 
nership firm  of  Gutman  &  Frank,  and  that  I  estimate 
such  intere.st  of  the  said  Jacob  Gutman  at  the  sum  of 
fourteen  hundred  dollars  or  thereabouts. 
40  (Signed)        ALEX.  FRANK. 

Sworn  at  the  City  of  Victoria  this  1st  day  of  November 
ISM",  before  me, 

D.  M.  Eberts, 
A  Commissioner  for  taking  Affidavits  in 

the  Supreme  Court  of  British  Columbia., 
This  is  the  paper  writing  marked  "  A  "  referred  to  in  the 
annexed  affidavit  of  Moritz  Gutman  sworn  before  me  this 
{>tli  day  of  November,  18sh 

(Signed)    GEO.  JAY,  Jr., 
50  A  Commissioner,  &c. 

"A" 
In  the  Matter  of  the  Estate  of  Jacob  Gutman  deceased 
Intestate.     The  following  is  a  list  of  the  assets  of  the 
firm  of  Gutman  and  Frank  and  in  which  the  above 
nanipd  deceased  owned  one  half  intei-est. 

Schooner  "  Black  Diamond" 1,500  0(» 

Schooner  "Lily" ..-..      1,500  00 

Lion  Brewery  and  Lot  adjoining 5,000  00 

Goods  on  band  at  Ciayoquot  station.. 4,004  46 

60  Whaling  gear 321  93 

Goods  on  hoard  the  "  Schooner  Lily  " 1,537  71 

Book  accounts  good 1  ,()8!»  01 

Bills  and  Notes  receivable  good 1,224  20 

Cash  on  hand 4140 

Goods  on  hand  at  Victoria 504  58 


*17,323  29 


213 


(Exhibit  No.  lo  U.  S.) 

The  following  is  a  list  of  the  liabilities  due  from  the  said 

firm  of  Gutman  and  Frank  and  for  one  moiety  of  which 
the  pstate  of  the  above  named  deceased  is  liable 

S.  H.Frank&Co lO.oSy  3-2 

H.  Gutman 89  0(t 

Bills  and  Notes  payable l.ooo  00 

Mortgages  on  Lion  Brewery 2,2(»(i  00 

lo  Fred  Thornberg ." 700  00 

Sundry  accounts 2r)(»  oo 

Bank  of  British  Columbia 2.4!>o  54 

Clayoquot  Indians 33.")  00 

M.  "Gutmann .">(!!»  oo 


B." 


*  IS,  222  86 


This  is  the  paper   writing  marked  "B"  referred  to  in 
the  affidavit  of  Moritz  Gutman  sworn  before  me  this  !Hh 
^°day  of  November,  IssfS. 

GEO.  JAY,  Jr., 

A.  C'ommn'r.,  &c. 
VicTORi.\,  B.  C,  sth  November  isss. 
Appraisement  of  Lion  Brewery  and  a  half  an  acre  of  land 
adjoining,  which  in  my  opinion  i.s   wortii  about  five 
thousand  dollars. 
The  Schooners   "Black    Diamond"   and  "  Lilij' "  are 
woith  in  my  opinion  about  fifteen  hundred  dollars  each. 
Yours  verv  faitlifuily, 
3°  (Sgd.)    "    W.  R.  CLARKE, 

Auctioneer  and  Appraiser. 

In  the  Supreme  Court  (jf  British  Columbia.     In  Probate. 
In  re  the  estate  of  Jacob  Gutmann,  deceased.     Intestate. 
I,  Moiitz  Gutmann,  of  the  City  of  Victoria,  British  Co- 
lumbia, hereby  make  oath  and  say  as  follows; 

1.  That  letters  of  a(jlministration  to  the  estate  and  ef- 
fects of  Jacob  Gutmjinn,  late  of  the  City  of  Victoria,  the 
above  named  deceased,  were  granted  to  me  on  the  second 

40  day  of  October,  ISSS. 

2.  That  the  said  Jacob  Gutmann,  at  the  time  of  his  de- 
cease, was  a  partner  in  the  firm  of  Gutmann  &  Frank,  of 
the  City  of  Victoria  aforesaid,  merchants  and  Indian 
tradei-s,  and  that  the  only  estate,  property  and  effects  of 
the  said  Jacob  Gutmann  in  the  Province  of  British  Colum- 
bia consists  of  a  moiety  half  part  share  or  interest  in  the 
assets  of  the  said  firm  of  Gutmann  &  Frank,  and  that  the 
said  estate  of  the  said  Jacob  Gutmann,  deceased,  is  liable 
to  a  moiety  of  the  liabilities  of  the  said   partnership   firm 

50  of  Gutmann  &  Frank. 

3.  That  the  account  hereunto  annexed,  marked  "  A."  is 
a  true  account  of  the  assets  and  liaiiilities  of  the  said  part- 
nership firm  of  Gutmann  &  Frank. 

4.  Tliat  the  values  of  tlie  following  property,  schooner 
"Black  Diamond,"  fifteen  hundred  (.*;i,.5oo)  dollars, 
schooner  "Lily,"  fifteen  hundred  ($1,.>00)  dollars,  "Lion 
Brewery  and  Lot  adjoining,"  five  thousand  (^o.oOO)  dollars, 
in  the  list  of  the  assets  in  the  said  account  hereunto  an- 
nexed, marked  "A,"  contained,  are  the  values  put  upon 

60  the  same  property,  respectively,  by  one  William  Raymond 
Clarke,  of  the  said  City  of  Victoria,  auctioneer  and  valuer, 
and  that  the  paper  writing  hereunto  annexed,  marked 
"B,"  is  a  true  copy  of  the  valuation  of  the  same  property 
by  the  said  William  Raymond  Clarke. 

5.  That  the  values  Four  thousand  and  four  Dollars  and 


214 


{ 

I 


(Exhibits  Nos.  !(•  U.  S.  and  83.) 

•  forty  six  cents  (!f4,<M»4.4('))  Three  hundred  and  twenty  one 
dollars  and  Ninety  three  cents  (^321. !W)  Five  hundred  and 
four  dollars  Fifty  eight  cents  (!ftr)04.5s)  Fifteen  hundred 
and  thirty  seven  dollars  and  Seventy  one  cerits  (^1,537.71) 
in  the  said  list  of  assets  placed  against  "goods  at  Clayo- 
quot  station"  "  Whaling  gear  "  "Stock  in  Victoria"  and 
"Merchandise  on  Schooner  Lily"  respectively  are  the  in- 

10  voice  prices  of  the  said  goods  Jind  effects  respectively. 

{>.  That  the  said  values  of  the  said  pi'operty  goods  and 
effects  are  to  the  hest  of  my  knowledge  and  helief  the  fair 
cash  value  of  such  proi)erty  goods  and  effects 

7.  That  such  account  shows  an  excess  of  the  liahilities 
over  the  assets  t(J  the  amount  of  !?s(t!».57  for  one  moietj'  of 
which  excess  such  moiety  heing  Four  hundred  and  forty 
nine  dollars  and  seventy  eight  cents  (844!t.7S)  the  estate  of 
said  Jacob  (Jiitn)ann  deceased  is  liahle. 

s.  That  the  said  firm  of  Ciutmami  and  Frank  have  a 

20claiin  against  the  (xovernment  of  tiie  United  States  of 
America  for  the  auKtunt  of  Twenty  thousand  four  hun- 
died  and  thirty  tluee  dnllais  (!?2n.4:{;!j  such  claiiu  heing 
for  tiie  seizure  of  a  lertain  schooner  known  by  the  name 
of  the  '■  Alfre<l  Adams"  and  owned  by  the  said  firm  of 
Gntman  and  Frank  and  of  certain  seal  skins  belonging  to 
the  said  firm  and  that  i)r<)ceedings  iiave  been  commenced 
and  are  now  being  jnosecuted  for  the  recovery  of  such 
damages. 
!».  That  I  have  received  an  offer  from  Alexander  Frank 

3° the  paitner  of  the  said  Jacob  (4ut!nan  deceased  in  the  said 
firm  of  "Gntman  and  Frank  "  ft  r  the  purchase  of  the  in- 
terest of  the  said  Jacob  (iutmann  deceased  in  the  assets 
of  the  said  firm  (^excei)ting  thereout  the  said  claim  of  |20,- 
43S.O()  against  tlie  United  States  authorities)  the  consid- 
eration offered  by  the  said  Alexander  Frank  for  such  pur- 
chase being  the  assumption  by  the  said  Alexander  Frank 
of  all  the  liabilities  of  the  said  firm. 

10.  That  I  am  desirous  of  accei)ting  such  offer  and  of 
conveying  and  assigning  the  estate  and  interest  of  the  said 

40  Jacob  Gutmann  deceased  in  the  said  assets  of  the  said 
partnership  firm  (excepting  the  interest  of  the  said  Jacob 
Gutmann  deceased  in  the  said  claim  of  $20,433.00  against 
the  Government  of  the  United  States  of  America)  to  the 
said  Alexander  Frank. 

11.  That  I  am  the  only  l)eneficiary  of  the  estate  of  the 
said  Jacob  Gutmann  deceased  in  the  province  of  British 
Columbia. 

(Signed)        MORITZ  GUTMANN. 
Sworn  before  nie  at  Victoria  British  Columbia  this  itth 
50 day  of  November  A.  D.  is^s. 

GEO.  JAY  Jr. 
Commissioner  for  taking  affidavits  in  the  Supreme  Court 
of  British  Columbia. 


60 


Claim  No.  20,  "Kate." 

EXHIBIT  NO.  88  (0.  B.),  CLAIM  NO.  20. 

Transcript  of  register,  schooner  "  Kate,"  July  28,  1870, 
to  February  25,  1805. 

By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


10 


216 

(Exhibits  Nos.  s+  and  85.) 

Claim  No.  12,  "Triumph." 

EXHIBIT  No.  84  (0.  B.).  CLAIM  No.  12. 

Surveyor's  rei)oit  on  "Trinmph,"  datetl  Marcli  s,  1887, 
and  siKned  W.  R.  Clarke.  Marine  Surveyor. 

By  order  of  the  Commissioners,  on  c<»nseiit  of,'[founsel, 
this  exhibit  is  not  printed. 


Claim  No.  23  "  Oscar  and  Hattie." 

EXHIBIT  No.  85  (G.  B,),  CLAIM  No.  23. 

In  the  Supreme  Court  of  Canada. 
The  Ship  "Oscar  and  Hattie,"  her  equipment,  and  every- 
thing on  board  of  li«r,  and  the  proceeds  theieof, 
2o  (Defendant)  Appellant, 

And 
Her  Majesty  the  Queen, 

(Plaintiff)  Resi)ondent. 
I,  Robert  Cassels.  liegistrar  of  the  Supreme  Court  of 
Canada,  hereby  certify  that  the  piinted  document  annexed 
hereto,  marked  A,  is  a  true  copy  of  the  original  case,  filed 
in  my  office  in  the  above  apjieal:  that  the  document 
marked  B,  also  aimexed  hereto,  is  a  true  copy  of  the  formal 
judgment  of  this  Court  in  the  said  api)eal,  and  that  the 
30  printed  document  marked  C,  also  annexed  hereto,  con- 
tains on  page  400  (beginning  with  line  :i4)  to  +14  thereof, 
inclusive,  a  copy  of  the  reasons  for  judgment  delivered  by 
the  Judges  of  this  court  when  rendering  judgment  m  the 

^'-^'^  '^P^'^'-  ROBERT  CASSELS. 

[SEAL.]  Registrar. 

Dated  at  Ottawa  this  12th  day  of  October,  A.  D.  18(t(i. 


40 


SO 


60 


"A"' 

IN  THE  SUPREME  COURT  OF  CANADA. 

On  Appeal  from  the  Admiralty   District  of  British 

Columbia. 

Between  . 

The  Ship  "  Oscar  and  Hattie,"  her  equipment,  and  every- 
thing on  board  of  her,  and  the  proceeds  thereof. 

I  Defendant]  Appellant, 
and 
Her  Majesty  The  Queen, 

(Plaintiff]  Respondent. 
ACTION  FOR  CONDEMNATION. 

Case  on  Appeal. 
D.  M.  EBERTS.  Victoria,  B.  C, 

Solicitor  for  Appellant. 
McIntyre,  Code  &  Orde,  Ottawa,  Ont..  Agents. 
CHAS.  E.  POOLEY,  Victoria,  B.  C, 

Solicitor  for  Respondent. 
O'Connor,  Hogg  &  Balderson,  Agents. 


21t! 
(Exhibit  No.  S5.) 


1.  Short  Statement  f  ;  Case 21(5 

'°   2.  Order  for  Pleadings ". -1X1 

3.  Pleadings 217 

4.  Petition 217 

5.  Answer 2 IS 

6.  Reply 21S 

7.  Order  for  Examination  of  Thomas  Turtle 21 S 

8.  Transcript  of  Examination  of  Thomas  Turtle..  211) 
20   t,  Transcript  of  Evidence  taken  at  Trial 227 

10.  Keasons  for  Judgment  of  Begbie,  L.  J.  A 241 

11.  Order  for  Judgment 24*1 

12.  Order  for  Further  lime  to  Appeal 240 

13.  Xotice  of  Ai)peal  to  Supreme  Court  of  Canada..  247 

14.  Certificate  of  Payment  in  of  Security  for  Costs.  247 

15.  Notice  of  Setting  Down  Appeal 247 

30 16.  Order  Setting  Case  on  Appeal 247 


Ob.  • 


IN  THE  SUPREME  COURT  OF  CANADA, 

On  Appeal  from   the  Admiralty  District  of  British 

Columbia. 

Between 
The  shi})  "  Oscar  and  Hattie,"  her  equipment,  and  every- 
40  thing  on  board  of  her,  and  the  proceeds  thereof, 

r^efemlant]  Appellant, 

and 

Her  Majesty  the  Queen. 

I  Plaintiff]  Respondent. 


50 


ACTION  FOR  CONDEMNATION. 
Short  Statement  of  Case. 


This  is  an  appeal  on  behalf  of  the  above  named  Appellant, 
from  an  order  pronounced  bj'  the  Honourable  Sir  Matthew 
Baillie  Begbie,  Local  Judge  in  Admiralty,  of  the  Exchequer 
Court  of  Canada,  British  Columbia  Admiralty  District,  on 
the  f»th  day  of  January,  l!S!>3,  condemning  the  ship  "Oscar 
and  Hattie,"  and  her  equipment  and  everything  on  board 
thereof,  as  forfeited  to  Her  Majesty  for  contravention  of 
the  Act  known  as  the  Seal  Fishery  (Behriug's  Sea)  Act 
60  1891. 


2n 


10 


^Exhibit  No.  sr>.) 

OUDER  FOR  PkEADINGS. 

Dated  2(tth  day  of  October,  18S>2. 
Upon  hearing  Mr.  C.  E.  Pooley,  Q.  V.,  on  behalf  of  the 
Crown  and  Mr.  Taylor  on  behalf  of  the  ship  "  Oscar  and 
Hattie,"  I  do  order  that  pleadings  shall  be  delivered  in 
this  action. 

MATT.  B.  BEGBIE,  L.  J.  A. 

Petition. 

Writ  issued  the  2-Jnd  day  of  October,  ls<t2. 

I.  The  ship  "Oscar  and  Hattie,"  Thomas  Turtle.  ma.s- 
ter,  was  seized  by  an  officer  and  boat's  crew  fr(»in  the 
United  States  ship  "  Mohican"  on  the  Hist  day  of  August, 
lsit2,  at  Gotzleb  Harbour,  Attn  Island,  lieing  a  itlace 
within  the  prohibited  waters  of  Behring's  Sea  as  defined 
by  order  in  Council  dated  the  !>th  day  of  May  \su-2  made 
by  Her  Majesty  the  Queen  in  pursuance  of  Iva  Act  of  the 
20  Imperial  Parliament  entitled  "  The  Seal  Fishery  (Behring's 
Sea)  Act  1891. 

•2.  The  said  ship  set  sail  from  the  port  of  Victoria  to- 
wards the  North  Pacific  Ocean  on  the  I'Otli  day  of  Janu- 
ary 18i>2,  fully  manned  and  equipped  for  the  purjiose  of 
hunting,  killing  and  taking  seals. 

?>.  That  the  master  of  the  said  ship  "Oscar  and  Hattie," 
Thomas  Turtle  was  on  the  17th  day  of  June  1S!t2  duly 
warned  by  an  officer  from  the  United  States  ship  "Adams "' 
not  to  enter  the  waters  of  Behring's  Sea  for  the  purpose 
30  of  sealing,  and  at  the  same  time  received  fiom  the  said 
officer  a  copy  of  the  Pioclamation  of  the  Piesident  of  the 
United  States,  a  copy  of  the  convention  between  the 
United  States  and  Great  Britain,  and  a  copy  of  the  British 
Seal  Fishery  (Behring's  Sea)  Act  ISiU. 

4.  The  said  ship  at  the  time  of  the  sei/.me  as  set  forth 
in  ]»aragraph  one  hereif  was  fully  manned  and  equippml 
for  tlie  purpose  of  hunting,  killing  and  takiuj;  seals,  and 
had  on  board  thereof  shooting  implements  ami  seal  skins, 
and  tli(!  said  ship  was  used  and  employed  in  kiiling,  taking 

4Qor  bunting  or  attempting  to  kill  or  take  seals  within   the 
prohibited  waters  of  Behring's  Sea  as  aforesaiil. 

5.  That  after  the  said  seizure  of  the  saitl  shi|)  as  men- 
tioned in  paragraph  one  lieicof.  the  said  shii)  with  her 
crew  and  equipment  were  taken  to  Ounalaska,  and  there 
haiuh'd  over  by  the  American  officers  to  Captain  Parr,  of 
Hei' Majesty's  ship  "Melpomene,"  who  wa  s  the  senior 
officiM"  of  the  Britisii  Fleet  in  Behring's  Sea. 

t).  The  said  Captain  Parr  took  the  guns  used  for  sealing, 
to  the  number  of  twenty-two  out  of  the  said  ship  and 
50  towed  the  said  ship  to  sea,  and  directed  Thomas  Turtle, 
the  master  of  the  said  shij)  to  sail  tl  u  said  ship  to  Victoria, 
and  rejiort  himself  witl)  his  saitl  vessel  to  the  Customs 
Authorities  there. 

7.  The  said  Captain  Parr  has  the  said  twenty-two  seal- 
ing guns  on  board  Her  Majesty's  ship  "Melpomene"  in 
Esquiuialt  harbour. 

s.  The  two  hundred  and  twenty-si.x  seal  skins  found  on 
the  said  ship  when  seized  as  mentioneil  in  paragraph  one 
hereof,  were  on  the  twentieth  day  of  October  \s[)-2,  at  the 
6ore(|Ui'st  of  the  owners  thereof,  and  with  the  consent  of  the 
British  Admiral  of  this  station,  sold  for  the  sum  of  three 
tlionsand  and  thirty. six  dollars  (83,o8ti.oo^,  which  .said 
mont-y  is  deposited  in  the  Bank  of  British  Columbia  to 
abide  the  event  of  this  action  and  to  be  dealt  with  as  this 
Honourable  Court  shall  direct. 


iiili- 


21S 

(Exhibit  No.  85.) 

Alfred  Arthur  Chase  Parr,  Captain  of  Her  Majesty's 
ship  "Melpomene"  claims: — 

The  condemnation  of  the  said  ship  "  Oscar  and  Hattie," 
and  her  eauipment  and  everything  on  hoard  of  her  or  the 
proceeds  thereof,  on  the  ground  that  the  said  ship  was  at 
the  time  of  the  seizure  thereof  (at  Gotzleb  Harbour,  Attn 
Island)  being  a  place  within  the  prohibited  watere  of 
'^Behring's  Sea  as  detined  by  Order  in  Council,  dated  tho 
yth  day  of  May  18!»2,  made  by  Her  Majesty  the  Queen,  in 
pursuance  of  an  act  of  the  Imperial  Parliament  intituled 
the  Seal  Fishery  (Beh ring's  Sea)  Act  J  Sid,  fully  manned 
and  equipped  for  hunting,  killing  and  taking  seals  and 
had  on  board  shooting  implements  and  seal  skins,  and  that 
the  said  ship  was  used  and  employed  in  killing  tak'ng  or 
hunting  or  attempting  to  kill  or  take  seals  within  the  pro- 
hibited waters  of  Behring's  Sea  aforesaid. 

Datfd  the  thirty-first  dav  of  October  is'ta. 


20 


A.  A.  CHASE  PARR. 

CHAS.  E.  POOLEY,  Solicitor  for  the  Crown. 


Answer. 

1.  The  owners  of  the  ship  "Oscar  and  Hattie"  admit 
paragraphs  2,  3,  5,  (!,  7  and  )S  of  the  Petition  and  so  much 
of  Paragraph  1  as  alleges  that  the  said  ship  was  seized  as 
stated  at  Gotzleb  Harbour,  Attn  Island. 

2.  The  said  ship  was  in  the  said  Harbour  and  waters 
solely  for  the  purpose  of  obtaining  a  supply  of  water  and 

30  provisions  in  order  to  enable  her  to  return  to  Victoria  and 
not  for  the  purposes  alleged  or  otherwise. 

3.  The  said  ship  was  never  in  prohibited  waters  for  the 
purposes  alleged  or  otherwise  save  as  aforesaid. 

4.  The  said  waters  are  not  prohibited  as  alleged  or  other- 
wise save  for  the  purpose  of  hunting  seals. 

5.  The  ""aid  ship  put  into  said  Harbour  being  at  the  time 
in  distress  and  for  the  purpose  of  relieving  such  distress 
and  never  was  in  such  waters  for  any  purpose  prohibited 
by  said  Ordere  in  Council,  Prohibitions  and  Conventions. 

40     fi.  Save  as  aforesaid  the  Owners  deny  each  and  every  of 
the  allegations  contained  in  the  said  Petition. 

Filed  the  12th  day  of  November  18!»2  by  D.  M.  Eberts 
(of  the  firm  of  Eberts  &  Taylor),  30  Langley  Street,  Vic- 
toria, Defendants'  Solicitor. 

Reply. 
The  plaintiff  denies  the  several  statements  contained  in 
the  answer  except  in  so  far  as  the  same  contained  admis- 
sions. 
50     Dated  the  9th  day  of  December.  18{»2. 

CHAS.  E.  POOLEY, 

Solicitor  for  the  Plaintiff. 

Order  for  Examination  Before  Trial. 

Friday,  the  2nd  day  of  December,  18S>2. 
Before  the  Local  Judge' in  Admiralty. 
Upon  hearing  counsel  for  defendants  and  plaintiffs  and 
by  consent  it  is  ordered  that  Thomas  Turtle  and  Charles 
Peters  witnesses  for  the  defendants  be  examined  before 
60  James  Charles  Prevost,   Registrar  of  this  Court,  at  the 
Court  House,  Bastion  Square,  Victoria,  on  Saturday,  the 
3d  day  of  December,  at  the  hour  of  eleven  in  the  fore- 
noon, and  that  the  official  stenographer  do  attend  and  re- 
port the  proceedings  on  the  said  examination. 

MATT.  B.  BEGBIF,  L.  J.  A. 


219 


ioYps, 
Q. 


(Exhibit  No.  85). 

Examination   of  Thomas    Turtle,   under  Order  of  the 

Judge,  dated  the  2d  day  of  December,  18i»2. 
Thomas  Turtle,  being  duly  sworn,  testified  as  follows:  — 
Direct-examination  by  Mr.  Taylor: 
Q.  Your  name  is  Thomas  Turtle?    A.  Yes,  sir. 
You  are  a  master  mariner?    A.  Yes,  sir. 
You  are  in  command  of  the  "  Oscar  and  Hattie"?  A. 
sir. 

And  were  last  summer  when  she  was  seized?    A. 
Yes,  sir. 

Q.  Where  did  you  sail  from  with  her  last  sunmier  when 
you  went  north?    A.  I  sailed  from  Yaquina,  Oregon. 

Q.  About  what  date  was  that.  Captain?    A.  The  18th, 
I  think,  of  February. 

Q.  The  latter  end  of  February?    A.  The  latter  end  of 
February. 
Q.  Where  was  she  registered,  the  "Oscar  and  Hattie"? 
20  A.  At  Victoria. 

y.  For  what  purpose  did  you  leave  Yaquinai    A.  Seal- 
ing and  fishing. 

Q.  8eaUng  and  fishing  in   the  North  Pacific  Ocean?    A. 
Yes,  sir. 

Q.  Well,  for  how  long  did  you  continue  sealing  in  the 
North    Pacific    Ocean?    A.  Up  initil    the    latter  end  of 
August. 
Q.  Up  until  the  latter  end  of  August?    A.  Yes,  sir. 
p.  What  occuiTed  about  the  latter  end  of  August,  Cap- 
30 tain  Turtle?    A.  I  was  short  of  water,  and  prepared  to 
come  home;  give  up  sealing. 

Q.   You  were  short  of  water,   and  prepared  to  give  up 

sealing?    A.  Yes,  sir. 

Q.  And  prepared  to  come  home,  you  say?    A.  Yes,  sir. 

Q.  Well,  let  me  understand  you.      Was  that  because 

you  had  finished  your  sealing  adventure?    A.  Finished 

sealing;  yes,  sir. 

Q.  And   were  short  of  water?    A.  And  was  short  of 
water,  and  provisions  as  well. 
40     Q.  And  provisions  as  well.     Well,  as  a  result  of  being 
short  of  water,  what  did  you  do?    A.  I  bore  away  for 
Attou. 

Q.  Attou;  that  is  an  island.     A.  Yes,  sir;  the  western 
island  of  the  Aleutian  group. 

Q.  The  western  island  of  the  Aleutian  group.     Do  you 
know  which  side  of  the  island  that  harbour  is,  Captain? 
A.  The  one  that  I  know  is  on  the  north  side. 
On  the  north  side?    A.  Yes,  sir. 
What  was  the  stfite  of  the  weather?    A.  It  was 
50  rough. 

Q.  Well,  that  is  pretty  general.  Captain ;  you  say  rough. 
Give  us  a  more  particular  idea  of  what  the  weather  was 
like.     A.  It  was  stormy. 
Q.  It  was  stormy?    A.  A  heavy  sea. 
Q.  A  heavy  sea.     Clear  weather,  was  it?    A.  Well,  I 
forget  now,  exactly;  unless  I  looked  at  the  log  I  wouldn't 
swear  to  it  now,  I  have  forgot. 
Q.  Will  you  take  a  look  at  your  log  and  see? 
Mr.  Pooley:  I  will  put  the  log  in  directly. 
Mr.  Taylor:  Might  just  as  well  now,  to  save  time. 

The  Log  Book  was  Produced. 
Q.  Now  tell  from  the  log  which  day  it  was  you  put  into 
Attou. 

Mr.  Pooley:  Q.  You  were  seized  on  the  31st?    A.  Yes, 
sir.     I  anchored  on  the  30th. 


60 


1, , 

hP 

r?'\ 

«  ' 

[mi 

X 

m 

,'^ 

V  h , 


■3    „■ 

f  :" 

i" 


22(1 

(Exhibit  No.  85). 

(^.  You  anchored  in  there  on  the  3oth?    A.  Yes.  sir. 

Q.  Where?    A.  In  Gotzleh  harbour,  Altou  Island. 

Q.  That  is  on  the  north  side  of  Attou  Island?  A.  Yes. 
sir;  and  it  conies  up  next  to  Tschitschajjoff  harbour. 

Q.  Why  did  you  put  in  that  particuhir  i)lace,  Cai)tain< 
A.  It  was  the  only  one  I  could  make. 

Q.  Why?    A.  1  didn't  want  to  go  into  Tschitschagoff 
10 harbour  at  all.     1  only,  went  into  an  open  roadstead;   I 
didn't  want  to  lie  in  a  harbour  any  length  of  time;  I  went 
simply  into  Gotzleh  tor  water. 

y.  bid  the  state  of  the  weather  have  anything  to  do 
with  you  going  in  there?  A.  There  was  strong  winds;  I 
Couldn't  get  around  to  the  south  side  of  the  island. 

Q.  That  was  on  the  Hist,  you  say,  of  August?  A.  On 
the  80th  of  August,  that  was  the  day  that  I  anchored. 

Q.  The  With  of  August,  yes?     A.  the  noth  of  August. 

Q.  Can  you   give  us   aiiy   icU'a   from  that  logbook  the 
20 point   from  which   you  sailed,  when   you  made  up  your 
nnnd  you    wanted  water,  and  to  start  foi-  Attou  Island? 
A.  I  was  off  Copper  Island. 

Q.  You  were  off  Copi>er  Island?  A.  Off  the  southeast 
end  of  it. 

Q.  Off  the  southeast  end  of  it.  How  far  off?  A.  I 
should  reckon  I  was  4(»  miles  off  the  island  when  I  bore 
away;  4o  or  M)  miles. 

Q.  Was  that  your  only   reason   for  going  into  Attou, 
what  you  stated?    A.  For  water. 
30     Q.  Yes?    A.  That  was  all,  sir;  I  knew  I  couldn't  get  any 
provisions  there;  there  was  no  provisions  to  get. 

(j.  Where  were  you  going  to  get  youi'  jtrovisions  to 
come  home?  A.  I  had  just  enough  to  carry  me  home, 
that  was  ail. 

Q.  When  you  speak  of  being  short  of  provisions,  you 
mean  you  were  so  short  of  provisions  you  could  not  con- 
tinue sealing  any  longer?  A.  I  couldn't  continue  sealing 
any  longer. 

Q.  Did  you  get  any  jtrovisions  at  Attou  before  you  left 
40  there?     A.   I  got  some  fiom  the  United  States  slni)  "  Mo- 
hican." 

Q.  To  return  to  Victoria?     A.   les.  sir. 

().  Ami  did  you  get  any  other  provisions  besides?  A. 
Yes,  sir;  at  Uunalaska. 

Q.  (Mr.  Pooley.)  You  got  some  from  the  "  Mohican"? 
A.  Yes,  sir. 

Q.  At  Ounalaska.     What  did  you  do  when  you  got  to 

Attou  Island?    A.  I  went  ashore  at  Attou  Island  to  see  if 

I  could  find  a  suitable  place  to  water  at,  I  suppose  some 

50  time  about  seven  or  eight  in  the  morning,  and  about  one 

o'clock  we  began  to  fill  the  tanks. 

Q.  About  seven  or  eight  o'clock  you  went  ashore?  A. 
To  see  if  I  coaU  get  a  place  to  water. 

Q.  And  then  having  discovere<l  a  place  you  began  to  fill 
your  tanks  about  one  o'clock  in  the  afternoon?  A.  Yes, 
sir. 

Q.  And  then  what  occurred  after  that?    A.  About  five 
in  tiie  evening  there  was  a  boat  from  the  "  Mohican  "  came 
from  Tschitschagoff  Harbour. 
60     Q.  Yes?    A.  And  seized  me. 

y.  Well,  now,  state  what  they  actually  did  there?  A. 
When  they  seized  the  ship? 

Q.  Yes.  Tell  us  when  you  first  saw  the  boat,  and  what 
occurred  right  straight  through?  A.  They  came  alongside; 
Ensign  Harrison  of  the  United  States  Navy  was  in  charge 


321 


(Kxliihit  No.  s,").  I 

of  the  boat;  and   lu'  seized  iii».'  for  l)eing;  at  anchor  inside 
the  Behrinit;  Sea. 

Q.  That  is  what  ho  told  you,  was  it;  A.  Yes,  sir;  that 
is  wliat  he  told  nie. 

Q.  Did  he  give  yon  any  menif-randiim  of  it.  or  writing; 
A.  No,  sir;  he  took  all  my  papers  lit  overhauled  all  my 
•opa])ers,  and  took  the  oftiirial  log  hook  and  the  ship's  log, 
and  in  the  evening  theie  was  later  on,  I  believe  ahout 
half-past  seven  or  eight  o'clork.  there  was  another  boat 
came  from  the  same  ship,  with  another  oftieerin  it  by  the 
name  of  Macdonald,  and  he  relieved  Mr.  Harrison;  he  had 
the  master-at  arms  with  him  with  five  seaman  I  think; 
and  they  stopped  on  boani  of  my  sliip.  and  the  Ensign 
Harrison  took  the  two  boats  away  back  to  this  other  liar- 
boiu-  wbeie  the  man-of-war  was  laid. 

y.   How  long  did  they  remain  in  charge  of  you  there? 
20  A.  In  Gotzleb  harbour,  sir.     They  remained  there  until  I 
left;  that  was  the  next  day.  the  next  afternoon. 

y.  The  next  afternoon;  that  would  be  the  first  then? 
A.  The  first  of  September,  yes.  The  dates  were  different; 
he  was  keeping  western  time,  and  leastein  time. 

Q.  The  times  you  mean?  A.  Yes,  sir;  the  time,  the  day. 
By  my  time,  this  date  was  the  ;Ust  that  I  was  seized,  and 
according  to  the  American  time  it  is  the;5<ith;  I  was  a  day 
ahead  of  them;  I  was  simply  keeping  eastern  time  and 
they  western  time. 
30  Q.  (Mr.  Pooley):  "  I  was  a  day  ahead  of  them,  as  I  kept 
eastern  time."    A.  Yes.  sir. 

Q.  (Mr.  Pooley):  "And  they  kept  western  time?"  A. 
Yes,  sir.  It  is  crossing  the  meridian  of  ISO  you  run  into 
another  time. 

Q.  By  their  time  they  seized  you  on  the  30th?  A.  Y'es, 
sir,  their  time— on  the  Hoth  they  seized  me.  Yes,  sir,  on 
the  30th;  vou  aie  right,  sir. 

Mr.  Pooley:  The  ;{(»th  of  August. 

Q.  Well,  now,  did  you  make  any  complaint?    A.  Y'es, 
40 sir;  on  the  next  morning;  that  would  be.  according  to  my 
time  here,  that  would  be  the  first  of  Septembei-. 

Q.  Yea.  A.  I  lowered— put  one  of  the  boats  out  and 
went  around  to  the  other  harbour  to  see  Captain  Johnson. 

Q.  Was  he  the  Captain  of  the  "  Mohican?"  A.  He  was 
the  Captain  of  the  '"  Mohican." 

Q.  What  occurred  when  you  met  him?  A.  I  protested 
against  being  seized;  wanted  to  know  what  I  had  done 
that  he  seized  me;  told  him  I  was  short  of  provisions  and 
water,  and  was  on  my  homeward  passage;  and  he  gave 
50 me  to  understand  that  he  didn't  seize  me;  he  didn't  be- 
lieve that  I  had 

Objected  to  by  petitioner's  counsel;  statements  of 
Captain  Johnson  taken  subject  to  objection. 

Q.  Now  give  us  his  statement.  What  was  it  he  said  to 
you,  Captain?  A.  He  said  he  was  verv  sorry  that  he  had 
to  seize  me;  he  seized  me  for  being  in  the— lieing  at  anchor 
in  a  port  that  I  had  not  clearer!  f..r  and  for  being  in  pro- 
hibited wateis. 

Q.  Yes.     Did  you  say  anj-thing?    A.  About  what  he 
60  said? 

Q.  Just  tell  the  conversation  between,  you,  Captain. 

Mr.  Pooley:  This  is  all  subject  to  the  same  objection. 

Mr.  Taylor:  Yes. 

A.  I  protested  against  it,  that  is  all  I  could  say,  I  told 
him  that  I  wouldn't  be  in  there  at  all  only  just  for 
wanting  water;  that  I  had  finished  my  sealing,  and  hadn't 


WTvT- 


ii'i'J 


(Exliil.it  No.  Sft.) 

pioviHions  to  Htay  niiy  loiim-r,  and  had  just  enon^li  to 
cany  iii«'  to  Victoria;'  and  lie  told  nie  then  tliat  if  I  was 
that  short  of  provisions  lie  lonid  give  me  a  little;  and  all 
the  provisions  that  I  not  was  two  sacks  of  l)eans. 

(}.  Never  mind  what  you  got  from  him.    Was  anything 

said  about  seals*     A.  He  said  that  he  didn't  helieve  I  h.id 

been  sealiiift  at  all;  he  didn't  believe  1  had  come   into  the 

losea  to  f-eal  there,  he  fully  believed  that  1  came  in  there  for 

the  sole  and  whole  puiposeof  getting  wat«'r. 

(^.  Well,  ha<l  vou  been  sealing  in  the  Behring  Sea?  A. 
No.  sir;  never  lowered  a  boat  in  the  Behring  Sea? 

y.  Well,  you  had  some  seals  on  board,  had  you,  seal 
skins?     Yes,  sir. 

</  Whert- had  you  been  sealing?  A.  1  took  them  ofY  of 
Copper  Island  in  the  North  racitic  Ocean? 

l^.    How  far  off?    A.   Various  distances;  from  loo 

( >bjected  to  by  petitioner's  counsel. 
2o     A.   I  never  loweied  a  boat  inside  the  Hebring  Sea. 

*i.  You  never  lowered  a  boat  in  the  Hehring  Sea?  A. 
No.  sir. 

(/  (Jutside  of  going  into  Attou  Island,  as  referred  to? 
A.  Yes,  sir. 

Q.  Had  yon  shot  any  seals  th»'re.  or  killed  any  in  any 
way,  without  lowering  a  boat?    A.   No,  sir. 

(.}.  Could  not?    A.   No,  sir. 

()    What  occurred  after  that?    Did  you  leave  Captain 
Johnson?    A.   He  gave  me  orders  to  i»roceed  toOunalaska 
30  in  the  charge  of  Mr.  Macdonald. 

t^.  This  crew  he  had  put  on  board?     A.  Yes,  sir. 

Q.  What  day  did  you  start  for  Ounalaska?  A.  That 
same  day  that  he  caiiu?  on  board,  in  the  afternoon  about 
three  o'clock. 

9.  AVliat  day  did  you  reach  Ounalaska?  A.  Onthe.")th 
of  Se]jtend)er. 

y.  (Mr.  Pooley. )  You  left  on  the  1st  of  September?  A. 
Yes:  sir;  and  arrived  at  t)unalaska  on  the  5th. 

y.  Y'es.     And  what  (lid  you  do  there?  A.   Why,  we  laid 
40 out  anchor  there.    The  Y'olktown  came  along  m  the  after- 
noon, and  this  Ensign  Macdonald  went  on  board  the  Y'ork- 
town. 

Q.  Was  that  a  United  States  man-of-war?  A.  Yes.  sir; 
Cajitain  Evans. 

(^.  And  this  prize  crew  went  aboard  the  Yorktown,  did 
they?  A.  Yes,  sir;  but  not  until  1  Ind  been  aboard.  The 
Ensign  went  aboard  and  rejiorted  the  seizure  before  he 
sent  for  me  and  I  went  .iboard  and  saw  Captain  Evans. 

Q.  Subject  to  this,  .^iiiue  objection,  what  occurred  with 
SoCapt.  Evans?    A.  Ho  told  me  what  Captain  .Johnson  had 
seized  me  for. 

Q.  What  was  that'  A.  Being  in  prohibited  waters  and 
found  in  a  port  I  had  not  cleared  for. 

Q.  Y"es;  and  what  did  the  Yorktown  Commander — 
what  did  he  do?  A.  He  told  me  to  stop  there  until  the 
Melpomene  came  along,  and  he  would  turn  me  over  to  the 
Melpomene. 

Q.  That  is  her  Majesty's  ship?     A.  Yes,  sir;  that  is  her 
Majesty's  ship. 
60     Q.  You  waited  there?    A.  Y'es,  sir. 

y.  How  long?  A.  That  other  log  book  is  taken  away. 
I  was  there  about  nine  or  ten  days. 

Mr.  Pooley:  Q.  Here  is  the  other  log  book;  that  will  tell 
you  all  right. 

(Log  book  produced.) 


'2'2S 


(Exliil»it  No.  M5.) 

A.   Y«'H.  sir;  that  is  oiif  that  \w  got— that  is  not  it. 

Mr.  I'ooley:  if.  If  yon  p)  hack  tht'ic  fiiither  won't  you 
find  it  ill  in    A.  No,  sir;  this  is  tinisht-d  otT. 

Mr.  Pooley:  Q.  I  thoiiglit  you  would  find  it  theio?  A. 
No,  sir;  what  is  (.dpiod— 2i>  put  down  liere,  is  the  flic-arms 
taken  from  tlic  ship. 

Mr.  Pooh'v:  Q.  That  is  a  rt'ccipt  for  it?      A.   Vi's,  sir; 
10  that  is  all,  sir. 

t^.  Tlicn  ahout  ten  days  from  that;  what  (hito  is  liiat? 
Doi's  that  show  on  tho  log  there?  A,  No,  sir;  the  log  was 
taken  away. 

ij.  Wt'll,  in  aliont  tni  days  yon  were  ordcifd  by  fajitain 
Parr  of  the  MelpoinciK!  to  proceed  to  Victoiia?  A.  Yes, 
sir. 

l^.  VV^iy  did  yon  proceed  to  Atton  to  get  water?  A,  It 
was  the  iie:u-est  place  I  could  get  to;  1  couldn't  get  into 
Coppei'  Island  and  I  conldii'l  get  into  the  Behring  Islands. 
2o  t^.  Had  you  any  chart  to  the  western  islands  of  the 
Aleutian  group?  A.  No,  sii';  I  had  just  a  general  chart, 
no  small  charts. 

().  Were  yon  ill  the  "Oscar  and  Hattit?"  all  the  time 
from  the  time  she  left  this  pf)int  in  Oregon  you  spoke 
ahout.  until  you  were  seized?     A.   Yes,  sir. 

(^.  And  until  you  returned  to  N'ictoria?     A.   Yes,  sir. 

(}.  In  command?    A.   Yes,  sir. 

Q.   Were  there  any  lookeries  or  sealing  grounds  at  Attou 
Island?     A.   Aot  that  I  am  aware  of.  sir;  never  looked  for 
30  any. 

(/  Has  it  been  a  general  sealing  place,  or  particular 
sealing  place?  A.  Not  to  my  knowledge;  never  heard  that 
it  was. 

(.^.  How  long  have  you  been  cruising  about  up  there? 
A.  About  how  long  was  1? 

(}.  I  don't  mean  on  this  ])articular  ciuise,  but  how  long 
have  yon  been  engaged  in  the  business  of  sealing?  A. 
Never  before,  sir. 

(^.  This  is  your  tirst  trip?    A.  Yes,  sir. 
40     ().  Does  your  log  show  the  reason — your  log  shows  the 
state  of  the  weather  when  )'ou    went  in   there?     A.  Yes, 
sir.  it  was  bad  weather. 

().  Now.  why  did  you  go  into  that  particular  harbor? 
A.  It  was  the  nearest  harbor— it  was  the  only  one  I  could 
make  out. 

(j.  The  only  one  you  could  make  out?  A.  That  I  thought 
it  was  a  safe  place  to  go  into. 

Q.   And  that  was  your  sole  reason,  then,  for  going  there? 
A.  That  was  my  sole  reason  for  going  in  for  water. 
50     y.   And  you  say  at  the  state  of  the  weather  you   made 
this  particular  harbor?    A.  Yes.  sir. 

Q.  Or  roadstead,  you  called  it?  A.  It  is  only  a  road- 
stead. 

Q.  After  leaving  Captain  Parr  on  the  ''Melpomene" 
you  proceeded  to  Victoria  under  his  orders,  did  you  not? 
A.  Yes,  sir. 

Q.  And  reported  there  to  the  Admiral  at  Esquimault 
harbor?    A.  I  reported  to  the  Collector  of  Customs. 

Q.  And  your  ship  was  then  taken  in  charge?    A.  Yes, 
60  sir. 

Q.  By  the  Collector  or  the  Admiral?    A.  I  couldn't— 

(j.  At  any  rate  you  left  her  with  the  Collector  of  Cus- 
toms? A.  I  left  her  with  the  Collector  of  Customs,  with 
a  watchman  on  board  of  her. 


2iH 


(Exhibit  No.  S5,) 
Cross-examined  by  Mr.  Pooley: 

Q.  Do  you  know  this  chart  undicating)?    A.  Yes,  sir. 

Q.  Can  yon  define  her«^  now  according  to  the— ^  A.  The 
line  of  demari<ati<)n.  sir? 

Q.  Yes,  sir.  Tlie  hne  of  demarkation  upon  the  Behiing 
Sea?    A.  Tlie  Russian  side  or  the  American  side? 

Q.  Wliatslionld  you  call  this  here  (indicating);    A.  That 
'°is  the  eastern  side. 

Q.  And  this  is  the  western  line  of  the  Beluing  Sea  as 
shown  by  the  line  struck  down  from  A.  to  A.?  A.  Yes, 
sir. 

Q.  (Mr.  Tayloi):  And  maiked  Tnited  States  boundary 
line?     A.   Vts,  sii-. 

Q.  Now,  do  you  know  what  the  southern  boundary  of 
the  sea  is?    A.  The  southern  Itoundary,  sir;  yes,  sir. 

Q.  This  is  tlie  wi-stt  in  boundary  (indicating)?     A.  This 
is  the  western  boundary. 
^°     y.  Do  you  know  what   the  southern  boundary  of  the 
sea  is?  A.  No,  T  do  nr.t  unless  you  say  the  Aleutian  Islands. 

Q.  Do  you  know  these  Ale  itlan  islands?    A.  Yes,  sir. 

Q.  And  do  you  know  the  Aleutian  Islands  are  the 
boundary  of  the  sea  tiiere?  A.  To  the  best  of  my  knowl- 
edge they  are;  I  am  not  sure  of  it. 

Q.  Now,  did  you  receive  any  warning  from  a  steamer? 
A.  Yes,  sir. 

Q.  About  Si^aling?    A.  Yes,  sir. 

Q.  Froiii  what  vessel  did  you  leceivethat  warning?     A. 
3°  "  The  Adams,"  Unitetl  States  ship  "  Adams." 

Q.  They  served  you  with  some  papers?    A.  Yes,  sir. 

Q.  Did  you  not  find  out  from  those  papers  that  the 
Aleutian  Islands  are  the  southern  boundary  of  the  Behr- 
ing  sea?    A.  Yes,  sir. 

Q.  You  found  out  from  those  papers  that  the  Aleutian 
Islands  were  the  southern  boundary?    A.  Yes,  sir. 

Q.  It  is  bounded  by  the  Aleutian  Islands  on  the  south? 
A.  Yes.  sir. 

Q.  Now.  you   have  stated,  captain,  that   you   went   in 
'^   there  on  account  of  getting  water?    A.  Y'es,  sir. 

Q.  Well,  now,  why  didn't  you  go  into  this  harbour,  on 
this  side  here  (indicating)?    A.  Because  I  couldn't  get. 

Q.  You  couldn't  get?    A.  I  couldn't  get. 

Q.  The  harbour  on  the  south  side  of  Attou  Island?  A. 
Yes,  sir. 

Q.  Because  you  couldn't  get  there?  A.  I  couldn't  get 
there  for  the  wind. 

Q.  You  couldn't  get  there  for  the  wind?    A.  I  couldn't 
get  there  in  some  days;  if  I  had  cruised  about  for  days  I 
^    might  have  got  there. 

Q.  Well,  is  this— this  is  yoiu-  log  book;  I  produced  that 
logbook;  is  that  your  log  book?  A.  That  is  the  mate's 
log  book,  the  ship's  log. 

CJ.  That  is  the  ship's  log?     A.  Yes,  sir. 

Q.  You  recognise  it?    A.  ""  js,  sir. 

Q.  Are  the  entries  in  this  ship's  log  correct?  A.  Yes, 
sir. 

Mr.  Pooley:  I  put  that  in. 

60       Log  Book  put  in  evidence,  marked  Exhibit  A. 

Q,  Now,  you  anchored  there  on  the  thirtieth  of  Aug- 
ust, did  you  not?    A.  Yes.  sir. 

Q.  What  was  the  direction  of  the  wind  at  the  time  you 
anchored  there?    A.  The  northwest. 


(Exhibit  No.  s:,.) 

Q.  Strong  northerly  wind,  it  is  lieie  (referring  to  tlie 
log  book'i?  A.  Northerly  wind  is  the  way  the  mate  has 
it. 

Q.  You  say  it  is  northwest?     A.  Yes,  sir. 

Q.  You  ran  in,  you  say,  to  the  haibour  called  Gctzleb 
harbour,  which  is  an  open  roadstead,  you  say?  A.  Yes, 
sir. 
lo  Q.  Wouldn't  that  wind  put  you  in  there,  into  an  open 
roadstead  ou  the  north  side  of  this  island,  on  a  lee-shore? 
A.  No,  sir,  not  the  way  it  was.  It  is  a  big  bay, 
you  see,  here  (indicatnig).  I  was  laying  down  under  the 
bluff  here  clear  of  the  wind;  the  wind  blew  past  here; 
blew  past  this  point  (indicating). 

Q.  In  that  case  it  would  be  an   easterly  wind?     A.  No, 


20 


SU'. 
SU". 

Q. 

Q. 


If  it  blew  right  by  you  like  that,  wouldn't  it?     A.  No, 


This  is  north,  south,  east  and  west?  A.  Yes,  sir. 
It  was  blowing  towards  the  east?  A.  Yes,  sir. 
A  westerly  wind.  The  entry  in  the  book  here, 
then,  is  not  quite  correct,  if.  being  a  northerly  wind?  A. 
That  is  the  mate's  log  book;  I  didn't  know  what  he  had 
on  that  book.  I  have  my  own;  it  is  a  private  log  of  the 
Captain's. 

Q.  It  was  a  private  log  you  kept.  Wouldn't  you  be 
just  as  well  protected  if  you  catue  in  and  1  un  on  the  south 
side  of  Attou  Island  as  you  were  there?  A.  If  1  could  get 
^  around  there;  but  I  wanted  to  get  water  and  get  away 
and  come  home.  All  the  time  I  would  be  laying  there 
trying  to  get  in,  my  provisions  would  be  running  short. 

Q.  And  you  say  it  was  eiisier  for  you  to  go  into  Gotzleb 
Harbour  than  to  go  into  the  harbour  on  tlie  south  side? 
A.   Yes,  sir— it  was  at  that  present  time. 

Q.  When  you  say  you  got  there,  the  master  of  the 
ship's  boat  of  the  "Mohican"  came  and  seized  j'ou?  A. 
Yes,  sir. 

().  Why  didn't  you  go  into  the  next  harbour-the  next 
'*   harbour  to  it?    A.  That   is  a  narrow  entrance,  and  1  had 
never  been  in  there,  and  didn't  know  anything  about  it. 
and  I  bad  no  charts  to  go  in  it. 

Q.  You  had  no  charts  to  f^a  into  this  Tschitschagotf 
harboui?  A.  No.  sir;  I  never  was  acquainted  with  tliat 
place;  I  was  ac<,  ainted  v.itli  the  other. 

Q.  Did  you  kn-'w  at  that  time  that  the  "  Mohican  " 
was  lying  there?  A.  No,  f,\v\  she  came  in  the  morning  I 
was  seized,  \i^in  tiiis  haibour. 

Q.   Into  the  Tscbitscbr.goff  harbour?    A.   Yes.  sir. 

Q.  Did  you  see  her  coming?  A.  No,  sir;  I  saw  smoke 
over  the  mountain— over  the  liills,  but  I  didn't  see  her  go- 
ing in. 

Q.  You  say  vvhen  you  went  in  there  you  had  provisions 
enougli  to  take  you  to  Victoria?    A.  Yes,  sir. 

Q.  And  the  Captain  gave  you  instructions  to  go  to 
Ounalaska?    A.   Yes,  sir. 

Q.  And  gave  you  two  sacks  of  beans?  A.  Gave  me  some 
beans. 

Q.  He  gave  you  some  beans?     A.  Yes.  sir. 

Q.  It  was  necessary  to  have  pr.)visions  if  you  went  to 
Ounalaska?  A.  Yes,  sir,  I  could  liave  gone  to  Victoria 
with  what  I  had.  The  man  from  the  men  of  war  brought 
their  own  allowance,  but  they  ate  up  part  of  what  I  had 
too. 


50 


60 


(Exhibit  No.  85.) 

Q.  What  was  the  condition  of  your  vessel  when  you 
were  in  that  bay<  Were  all  your  boats  down?  A.  Were 
they? 

Q.  When  you  landed  in  Gotzleb  harbour  were  all 
your  boats  down  from  the  ship?  A.  No,  sir,  not  all  of 
them. 

Q.  Not  all  of  them?     A.  We  had  been  carrying — bring- 
10  ing  water  to  and  fro  from  the  river. 

Q.  I  say,  were  all  your  boats  down?  A.  No,  sir;  it  was 
either  two  or  three,  1  forget  which,  on  deck. 

Q.  Two  or  three  on  deck.  How  many  boats  had  you 
down?    A.  Four  or  five,  I  wouldn't  be  sure  which. 

Q.  Four  or  five  Were  those  the  boats  genei'ally  used 
for  sealing?    A.  Yes.  sir. 

Q.  Were  those  boats  engaged  in  cairying  water  from  the 
shore?    A.   Yes.  sir. 

Q.  Whilst  they  were  carrying  water  were  there  any  guns 
20on  lioard  of  them?    A.  No,  sir. 

Q.  No  guns  at  all?  A.  No,  sir,  not  therein  that  har- 
bour; nothing  in  that  harbour;  tlie  boat  that  carries  the 
water  carries  nothing  but  water. 

Q.  No  guns  in  any  of  those  boats  at  all?  they  were  car- 
rying water?     A.  Yes,  sir. 

Q.  Well,  yon  say  that  you  would  not  have  gone  in 
there  at  all  if  it  liad  not  been  for  stress  of  weather — I 
should  say  shortness  of  water.  A.  No,  sir,  I  would 
not. 
3°  Q.  Why  wouldn't  you  have  gone  in  there?  because  you 
knew  it  to  be  against  the  law?  is  that  it?  A.  I  wouldn't 
have  gone  in  there  because  I  had  been  warned  not  to  go 
in;  if  it  hadn't  been  I  was  short  of  water. 

Q.  Did  you  know  of  the  existence  of  this  harbour,  or  of 
a  harbour  on  the  south  side  of  Attou  Island?  A.  No,  sir, 
I  had  heard  of  one,  but  I  didn't  know  for  sure  whether  it 
was  there  or  not. 

Q.  You  bad  heard  of  one  on  the  south  side,  but  you 
didn't  know  for  sure  whether  it  was  there  or  not?  You 
40 say  you  were  lying  in  this  harbour,  at  Gotzleb  harbour, 
you  were  lying  theie  protected  from  the  wind  in  the  road- 
stead? A.  Yes,  sii';  the  wind  came  round — came  oflf  the 
island. 

Q.  VVlien  you  went  into  there  to  anchor  were  you  riding 
easy?    A.  Yes.  sir. 

Q.  Wiien  you  went  to  anchor  first  of  all?  A.  Yes,  sir; 
there  was  a  swell  on,  but  there  was  nothing  to  hurt. 

Q.  And  you  still  think  you  could  not  have  made  this 
harbourontlie  south  side?  A.  I  couldn't.  Well,  the  way 
50  it  was  beating  about  there  two  days,  I  would  not  at- 
tempted to  iiave  gone  around  there;  I  wanted  to  get 
water  and  get  away  as  soon  as  possible,  to  proceed  on  my 
trip. 

Q.  Where  were  you  beating  about  when  you  were  beat- 
ing about  on  the  Behring  Sea?  A.  About  here  (indicat- 
ing) just  under  the  lee  of  the  island;  the  wind  was  blow- 
ing fiom  the  westward  here;  I  coi-ldn't  go  round  that 
point  (indicating),  couldn't  get  around  there  to  get  in  here 
(indicating);  I  had  no  chart  of  these  islands,  and  wasn't 
°°sure  whether  this  harbour  was  at  this  islandor  that  island 
(indicating). 

Q.  You  wasn't  sure  whether  it  was  on  Attou  Island  or 
Agatton?    A.  No,  sir. 

Q.  You  did  know  of  the  place?  A.  No,  .)  •  only  a  gen- 
eral chart,  like  that. 


227 


(Exhibit  No.  85.) 

Q.  A  general  chart  like  this  J  A.  Yes.  sir;  or  an  old  one; 
it  was  not  a  new  one  like  that. 

Q.  At  the  time  you  were  seized  there  you  were  fully 
equipped  for  sealing,  were  you  not?    You  had  all  your 
guns  and  sealing  equipment  on  board  when  you  were 
seized?    A.  On  board  of  the  schooner? 
10     Q.  Yea.     A.  I  don't  exactly  understand. 

Q.  When  you  were  seized  in  Gotzleb  harbor  you  had  all 
your  sealing  equipment  on  board,  hadn't  you — your  guns, 
and  all  the  necessary  appliances  for  sealing,  on  board  of 
the  vessel?    A.  On  board  the  schooner? 

Q.  On  board  of  the  schooner.      A.  They  were  there, 


sure 

Q. 

sir. 

Q 


And  you  had  certain  sealskins  on  board?    A.  Yes, 

But  they  were  not  caught  in  the  Behring  Sea. 

Yes.  I  don't  ask  that  question.     A.  They  took  the 


20  guns  away,  you  know,  when  they  seized  the  ship. 

Re- EXAMINATION  by  Mr.  Taylor: 

Q.  When  >ou  say  fully  equipped,  captain,  what  do  you 
mean  by  that  exactly?    A.   Well,  fully  equipped. 

i).  Let  me  understand  you;  you  mean  you  had  your 
guns  and  fishing  boats,  and  that  sort  of  thing,  used  in 
sealing?    A.  Yes,  sir;  there  on  board. 

Q.  Thev  were  on  that  schooner  when  you  were  seized? 
A.  Yes,  sir. 
30     Q.  And  you  were  equipped,  except  with  provisions?    A. 
I  was  not  equipped  with  provisions. 

Q.  Now,  is  it  the  north  or  south  side  of  the  Aleutian 
Islands  that  is  the  boundary  of  the  Behring  Sea?  A.  I 
believe  now  it  is  the  north. 

Q.  The  north  side?     A.  Yes. 

Q.  Then  the  reason  you  went  in  the  north  side  was  ow- 
ing to  stress  of  weather?    A.   Yes,  sir.     Other  schooners 
had  been   u|>  there  at  the  same  place  I  was,  on  the  north 
side  of  tlie  island;  they  had  been  in  there. 
40  Plan  of  Behring  Sea  and  Arctic  Ocean  j)ut  in  evi- 

dence, and  nnirked  Exhibit  "B." 

Q.  (Mr.  Pooley.)  You  say  you  did  not  go  in  for  the  pur- 
pose of  taking  seals?    A.  No,  sir 

Q.  (Mr.  Pooley.)  Into  the  Behring  Sea?    A.  No,  sir. 

Q.  (Mr.  Pooley.)  And  you  did  not  take  any  whilst  you 
were  in  tliere?     A.   No,  sir. 

Witness  e.\cused. 

EVIDENCE  TAKEN  UPON  THE  TRIAL. 
.  J  Thursday,  the  27th  day  of  December,  18i)2. 

Alexandkk  Roland  Milnk,  .being  called  on   behalf  of 
petitioner,  and  sworn,  testified  as  follows: 
Direct-examination  by  Mr.  Pooley. 

y.  Your  name?     A.  Alexander  Roland  Milne. 

y.  What  is  your  occupation,  Mr.  Milne?  A.  Collector 
of  Customs  at  the  Port  of  Victoria. 

Q.  Do  you  knosv  the  schooner  called  the  "Oscar  and 
Hattie?"     A.  I  do. 

(}.  Is  that  schooner  entered  in  your  territory?    A.  That 
60  schooner  is  entered  in  my  territory. 

i}.  Is  the  "  Oscar  and  Hattie  "  a  British  Columbia  vessel? 
A    The  "  Oscar  am'  Hattie  "  is  a  British  Columbia  vessel. 

Q.  Are  you  the  registrar  of  shipping  here?  A.  lam  the 
registrar  of  shipping  here 

y.  Is  she  registered  at  the  Port  of  Victoria?  A.  She  is 
registeied  in  this  port. 


'>•>!? 


1,  I 

I'd 


(Exhibit  No.  S5.) 

Q.  Have  you  a  copy  of  the  registration  with  you?  A.  I 
have.     (The  witness  produces  document.) 

Q.  That  is  a  true  copy  of  the  registration?  A.  That  is  a 
true  copy  of  the  registration. 

(Copy  of  tlie  registration  of  tiie  "  Oscar  and  Hat- 
tie"  put  in  evidence;  marked  Exhibit  C.) 
Cross-examination  by  Mr.  Ebeits: 
•o     Q.  You  are  also  the  OHicer  of  tlie  Custonis  here,  are 
you,  Mr.  Mihie?    A.  I  am. 

Q.  What  is  the  practice,  Mr.  Milne,  in  so  far  as  our 
country  is  concerned,  with  reference  to  ships  coming  into 
harbors  on  the  coast  m  distress,  that  is,  if  they  came 
in  for  water,  for  instance?  A.  The  practice  is  laid  down 
in  tlie  lir)th  section  of  the  Customs  Act. 

(^.   lliitli  section  of  the  Customs  Act'    A.  Yes,  sir. 

(}  (Reading.)  If  any  vessel  with  duitahle  goods  on  board, 
enters  any  place  other  tlian  a  port  of  entry,  unless  from 
20  stress  of  weather  or  other  unavoidable  cause,  such 
goods,  except  those  of  an  iiuiocent  owner,  shall  be 
i-Hized  and  forfeited,  together  with  the  vessel  in  wliidi 
the  '"■  '  were  imported,  if  such  vessel  is  of  less  value  than 
eig  idred  dollars.     Well  now.  tell  me  what  has  been 

the  truction   of   those   words '*  unle.ss  fiom   stress  of 

weather  or  other  unavoidable  cause,"  what  has  been  the 
construction  so  far  as  oiu"  levenue  laws  aie  concerned? 
A.  Tlie  construction  both  by  myself  and  my  predecessor 
has  been  quitn  liberal  in  respect  to  the  vessels  frequenting 
30 other  jtlaces  than  a  port  of  entry  in  British  Columbia,  to 
allow  them  to  depart  without  entry. 

Q.  In  (ases  of  what?  A.  In  cases  where  they  went  in 
from  stress  of  weatbei',  oi"  other  unavoidable  cause,  say  for 
the  absence  of  water. 

Q.  Fc  ■  the  absence  of  water?    A.  Yes,  sir. 

Q.  And  you  allow  them  to  go  in  and  take  water  without 
inteifering?  A.  If  there  is  an  unavoidable  cause,  that  is 
if  their  tanks  had  iieen  leaking  or  barrels  broken. 

Q.   And  how  long  do  you  allow  them  to  remain  in  port? 
40  A.  The  time  is  not  stated  under  our  law;  it  is  entirely  in 
the  discretion  of  the  Collector  of  Customs. 

Q.  It  is  entirely  within  the  discretion  of  the  Collector  of 
Customs?  A.  It  may  be  days  before  a  vessel  is  completed 
or  repaired.  Usually  the  practice  has  been  not  less  than 
48  hours. 

Q.  Usually  the  practice  has  been  not  less  than  48  hours? 
A.  Not  less  than  48  hours. 

Q.  In  other  words,  if  an  American  ship,  a  laden  ship, 
were  coming  up  the  straits,  and  through  distress  had  to 
5°  go  into  the  lioyal  Roads  and  anchor  at  Esquimalt  harbour, 
would  you  allow  her  to  enter  and  leave  without  interfer- 
ing? A.  Esquimalt  is  a  part  and  portion  of  this  harbour, 
and  it  would  be  the  same  as  coming  in  heie  to  Victoria. 

Q.  Suppose  then  she  was  on  the  west  coast  of  the  Island, 
and  it  so  happened  that  an  officer  was  there,  would  the 
officer  seize  a  ship  that  came  in  there  for  water?  A.  No, 
sir:  American  ships  frequently  frequent  Barclay  Sound 
and  other  points  and  the  harbours  of  the  west  coast  for  re- 
pairs, and  remain  there  a  week  or  two  or  more. 

Q.  And  take  in  water  also,  do  they  not?  A.  Water, 
yes,  sir. 

Q.  You  have  been  in  the  customs  service  a  great  many 
years,  Mr.  Milne?    A.  Yes,  I  have. 

Q.  And  you  have  of  couise  some  general  knowledge  of 
the  American  customs  service?    A.   I  have. 


60 


220 


20 


(Exhibit  N(i.  ^^).-) 

Q.  And  does  the  same  rule  obtain  on  their  side  as  ours 
with  reference  to  ships  in  distress? 

Mr.  Pooley:  That  is  a  (juestion,  my  Lord,  wliich  Mr. 
Mihie  can  hardly  give  evidence  upon  as  an  expert;  I  sub- 
mit it  is  hardly  a  question  that  can  be  asked.  (Objection 
sustained.) 

Questions  bv  thk  Coukt. 
*°     Q.  1  understand  you  to  say.  Mi'.  Milne,  that  vessels  com- 
ing in,  for  instance   in  distress  for   want  of   water,  stay 
thereat  the  discretion  of  the  master  until  their  wants  are 
supplied?     A.   Yes,  sir. 

Q.  It  would  be  a  very  simple  thing  if  a  vessel  wanted 
water  to  come  to  a  place  where  there  was  a  small  rill,  and 
if  there  was  no  exempted  time  they  might  stay  there  a 
year?  A.  We  have  vessels  now  under  detention  for  being 
an  unreasonable  time  in  our  bays  and  hai  hours  other  than 
ports  of  entry. 

Q.  The  master  must  not  only  stay  a  reasonable  time, 
but  m  a  reasonable  place?    A.   Yes,  sir. 

Q.  He  nuist  go  for  provisions  to  a  place  where  provis- 
ioiT-  can  be  had?    A.   Yes,  sir. 

^.  ll  she  is  without  mast  or  sails  she  will  lie  thi  re  until 
jome  one  comes  to  take  her  away?     A.   Yes,  sir. 

Q.  And  send  for  a  tug.  A.  Frequently,  my  Lord, 
American  schooners  have  frequented  our  west  coast  for 
obtaining  wood  and  water,  and  sometimes  made  the  har- 
bours a  place  of  resort  to  repair  their  sails. 
3°  Q.  Suppose  a  vessel  came  in  without  anysj)ars  or  masts 
or  anything  of  that  sort  t(j  Nootka  sound,  foi'  instance, 
and  stayed  there  until  her  wants  were  supplied?  A.  I 
would  consider  that  quite  reasonable. 

Q.  She  would  have  to  send  fo»'  her  repairs  down  here, 
she  could  not  get  them  there?  A.  She  might  make  some 
repairs  there. 

Q.  Cut  a  tree  down?  Could  the  mast  riggers  be  made? 
A.  Y"es. 

Q.  A   schooner  could   not    carry  an    extra   mast?    A. 
4°  Larger  vessels,  my  Lord,  frequently  carry  spars. 

Q.  Suppose  that  a  vessel  goes  into  Xootka  Sound  in  dis- 
tress, how  long  could  she  stay  there?  A.  It  would  be  in 
the  discretion  of  the  Collector. 

Q.  I  understood  you  to  nay  it  was  in  the  discretion  of 
the  Captain  how  long  she  would  stay.     A.  0,  no. 

Mr.  Pooley:  I  undeistood  him  to  say  it  was  in  the  dis- 
cretion of  the  Collector. 

The  Court:  That  is  quite  right,  in  the  discretion  of  the 
Collector;  I  can  understand  it  then. 
5°  Witness  excused. 

Henry  L.  Johnson,  being  called  on  behalf  of  Petitioner, 
and  duly  sworn,  testified  as  follows: 
Direct-examination  by  Mr.  Pooley: 

y.  Your  name,  Captain  Johnson?  A.  Henry  L.  John- 
son. 

Q.  Are  you  an  officer  in  the  United  States  Navy?  A.  I 
am  a  Commandei'. 

Q.  A  commander  in   the   United   States   Navy.     Were 
6oyou  on  the  30th  of  August  last,  prior  to  the  seizure  of  this 
vessel,  the  "Oscar  and  Hattie,"  then  Master  of  the  United 
States  ship  "  Mohican  "?    A.  I  was. 

Q.  Commander  of  the  United  States  ship  "  Mohican  "? 
Did  you  as  such  master  direct  the  seizure  of  the  schooner 
"Oscar  and  Hattie  "?    A.  I  did. 


l>3i» 


(Exhil)it  No.  85.) 

Q.  Where  was  the  schoojier  "Oscar  and  Hattie "  at  the 
time  you  directed  it  to  be  seized?  A.  At  Gotzleb  harbour; 
it  rests  a  httle  to  tlie  west  of  Tsciiitschagoff  harbour,  on  the 
north  side  of  the  Island  of  Attou. 

The  Court:  Q.   West,  on  the  north   side?    A.  West  of 
Tschitschagoff  harbour,  on  tiie  north  side  of  the  Island  of 
Attou. 
lo     The  Court:  Q.  That  was  outside  of  the   Behring  Sea? 
A.  No,  sir;  inside  of  tlie  Behriiifj;  Sea. 

TheCouit:  C,).  You  had  wained  her  not  to  p;o  inside  the 
Behring  Sea?     A.   1  had  not  warned  her  at  all. 

The  Court:  Q.  Tliat  is  wlieie  you  seized  her?  A.  Yes, 
sir. 

The  Court:  (,).  It  is  iieie  (iotzleh  i^referrinj;  to  the  chart)? 
A.   You  find  it  spelt  different  ways,  my  lord. 

The  Court:  (.^.  That  is  ou  the  very  verge  of  the  Behr- 
ing  Sea^     Hut  it  is  in  the  inside?    A.  It  is  in  the  inside; 
20 yes,  sir 

(}.  Why  did  you  cause  that  vessel  to  be  seized?  A.  For 
beiu};-  within  the  piohibited  waters,  waters  prohibited  by 
the  Moihis  Vircndi.  for  the  }turpose  of  sealmg  with  seal- 
ing outfit  and  sealskins  on  ItoarU. 

(}.  For  being  in  prohibited  waters,  according  to  the 
Modus  Mvciidi. 

Mr.  Pooiey  jiut  in  evidence  the  "Modus  Vivendi,"  the 
extension  of  which  is  dated  the  -I'lA  day  of  April,  1>  •>, 
said  document  lieing  in  the  Statutes  1S!)l',  of  Canada,  folio 


30 


154.  Also  produced  the  "Treaty  of  Washington.'"  Also 
])ut  in  the  Order  in-Council  passed  at  Windsor,  on  the  Itth 
day  of  May,  1S!»:>. 

The  Court:  This  is  admitted?  (Referiing  to  the  chart  of 
marked  Exhibit  "B"  in  Mr.  Turtle's  evidence.) 

Mr.  Eberts:  Y'es.  my  lord. 

The  Court:  Then  it  clearly  shows  that  the  north  side 
Attou  is  in  the  prohibited  waters. 

Mr.  Eberts:  I  think  it  is. 

Mr.  I'ooley:  Then  I  will  not  examine  Captain  Johnson 
40  on  that  y)oint. 

C^.  What  harbour  did  you  come  into  with  your  ship  tha 
"Mohican"?     A.   A.  Tschitschagotf  harbour. 

y.  What  time  did  you  arrive  there?  A.  Early  in  the 
morning. 

Q.  Early  in  the  morning  of  the  day  you  seized  tlie  ves- 
sel?    A.  Yes;  ."^ay  eight  o'clock;  probably  eight  o'clock. 

The  Court:  C,).  Was  that  before  or  after  you  seized  it? 
A.  Before;  the  morning  before. 

The  Court:  Q.  In  the  morning  on  the  same  day  you 
jos^'ized  it?    A.  Yes,  sir. 

Q.  At  what  time  was  she  seized?  A.  Late  in  the  after- 
noon, I  should  say  after  four  o'clock. 

Q.  What  was  the  state  of  the  weather  on  the  day  you 
seized  the  schooner?  A.  It  was  a  lovely  day,  very  httle 
wind,  perfectly  clear  and  almost  perfectly  smooth. 

Q.  Where  were  you  on  the  previous  day,  with  your 

ship.  Captain  Johnson?    A.  Somewhat  to  the  westward, 

approaching  Attou,  where  I  arrived  after  it  was  too  dark 

to  get  into  the  harbour  that  night — the  night  hefore  the 

60  30th. 

Q.  That  is  the  night  befoie  you  seized  her?  A.  Yes, 
sir. 

Q.  What  was  the  character  of  the  weather  on  that  day? 
A.  It  was  a  fairly  good  day;  the  wind  was  a  head  wind 
for  us;  about  west,  I  should  say,  as  we  would  mark  it, 


231 


(Exhibit  No.  S;').) 

three  to  five;  it  was  a  rnodeiate  liead   wind.     If  I  could 
refer  to  the  log  I  coiiM  verify  it  hotter  than  my  inc'iiory. 

Q.  Did  you  bring  a  copy  of  the  lo;;  witii  you.  of  that 
portion  of  the  log<  A.  1  brought  a  copy  of  that  |)orti(jn 
of  the  log  relating  to  the  "  Oscar  and  Hattie." 

Q.  Is  that  your  copy  of  the  log,  captain  (paper  shown  to 
witness)?    A.  It  is. 
lo     (^.  And  you  swear  that  to  be  a  true  copy?    A.  I  will. 

The    copy    of  log    was  tendered  in  evidence.     Ob- 
jected to  Mr.  Eberts. 

The  Court:  Q.  The  log  was  made  under  vour  direction? 
A.   Yes,  sir. 

The  Court:  y.   .And  niadeat  the  time?     A. 
be  made,  of  course. 

The  Court:  (,».  And  you  believe  it  to  be  t 


I  caused  it  to 
A.   Yes, 


I'Ut 


SU'. 


The  Court:  i).  The 
20 and  put  i'  aside  and 


witness  is  entitled  to 
say,  "now   I  recollect 


look  at  that, 
distinctly  so 
and  so,"  and  that  would  be  evidence,  undoubtedly. 

The  witness;  Aly  memory  Is  (juite  clear. 

The  Court:  1  do  not  think  that  the  log  unsworn  to  would 
be  evidence  as  to  t\w  facts  alleged  therein,  but  Captaui 
Johnson  may,  I  think,  look  at  that,  and  then  swear  to  the 
facts  accoriling  to  his  memory. 

Mr.  Pooley:  Captain  Johnson  has  alieady  given  the  evi- 
dence, my  Lord. 

The  Court:  As  to  those  two  days. 
30      i'be  witness:  My  recollection   is  almost   perfectly  clear 
about  it;  the  log  nuist  be  neai'ly  rhe  same:  the  course  of 
the  wind  may   be  a   little  different,    from   the   way  my 
memory  is. 

y.  Did  you  compare  this  with  the  original  log.  Captain 
Johnson?    A.   I  did. 

The  Court:  .A  copy  may  be  a  true  copy  and  yet  the  orig- 
inal may  have  erroneous  statements.  Tlie  statements 
may  be  made  jjerfectly  hona  fide  and  yet  they  n)ay  be  er- 
roneous, uidess  they  are  i)roved. 
40  Mr.  Pooley:  Then  it  would  be  necessary  in  order  to  prove 
a  log  to  bring  in  every  officer  on  the  ship  who  writes  the 
log. 

The  Court:  Are  there  different  handwritings  in  your 
log?  A  Yes,  sir;  different  hand-writings;  every  officer  at 
the  end  of  his  watch  writes  the  log,  which  is  the  rough 
log,  and  then  an  ofificial  log  is  copied  the  next  day,  and 
the  officers  sign  the  remarks  of  their  watch,  and  then  it  is 
submitted  to  the  navigator  who  verifies  it  with  his  signa- 
ture, and  also  submits  it  to  me  for  my  ai)proval. 
50  Q.  In  your  official  log  yon  would  be  very  much  sur- 
prised to  find  interlineations?  A.  Certainly;  but  there  are 
various  handwritings,  because  it  is  written  by  different 
people. 

The  Court:  I  thought  you  said  it  was  all  copied?  A. 
Yes,  sir. 

The  Court:  (^.  The  officers  keep  their  rough  log  when 
they  are  on  duty?  A.  Yes,  sir;  and  then  it  is  copied  into 
thesmooth  log. 

The  Court:  Q.  It  is  not  copied  into  the  smooth   log  by 
^°the  various  olficers  who   wrote  the  rough   log?    A.  No, 
sir. 

Q.  Therefore,  I  say,  in  the  smooth  log  you  would  be  sur- 
prised to  see  different  iiand  writings  or  interlineations?  A. 
Certainly;  it  is  generally  done  by  the  same  man;  it  is  gen- 
erally done  by  a  man  who  attends  to  it. 


I'!'  \ 

it'-:       '™! 

i. 

■2'V2 


!^ 


(Exhibit  No.  sr>.) 

Tlie  Court  excluded  thcM-opy  of  the  log  as  evidence. 

y.  Tlieii  vou  sneak  to  the  state  of  tlie  weatiiervourself. 
A.  Yes.       ■ 

C^.  You  know  the  state  of  the  weather  yourself*  A. 
Yes,  sir. 

Q.  Wliat  otticer  did  you  send   fiom    j'our  ship  to  seize 
tills  vessel?     A.   Kusigu  Harrison. 
10     Q.  After  the  seizure,  did  the  master  of  the  schooner  come 
on  hoard  your  vessel?    A.   He  did  the  next  morning. 

Q.  Whilst  the  master  was  on  hoard  your  ve.sselyou  had 
some  conversation,  had  you  not?    A.   Yes,  sir. 

Q.  And  during  that  conversation  did  you  make  this  re- 
maik  to  Ml'.  Turtle? 

Mr.  Eiierts:  This  is  a  i)art  of  the  defence,  mj- Lord,  that 
Mr.  Booley  is  reading  from. 

Q.  Captain  Tuitle  in  his  evidence  says  this:  that  when 
came  on  hoard  your  sl)i|i  you  made  these  lemarks  to  him: 
20  *'  He,"  that  is  yourself,  ''said  he  didn't  believe  I  had  been 
sealing  at  all;  he  didn't  believe  that  1  had  come  into  the 
sea  to  seal  there;  Ik^  fully  believed  that  I  came  in  there  for 
the  sole  and  whole  ])ur|)ose  of  getting  water."  Have  you 
any  recollection  of  making  that  remark.  A.  I  have  not. 
In  that  form  lam  quite  positive  that  I  never  made  it. 

Q.  Now,  here  is  a  (piestion  that  I  wish  to  ask  you   as  a 
seaman.     Do  you  consider,  as  a  seaman,  a  vessel  to  be   in 
distress  which  has  been  out  and   stayed  out  too   long  in 
her  occupation,  so  long  as  to  run  sliorl  of  water? 
30  Objected  to  by  Mr.  Eberts.     ( )verruled. 

A.  In  that  sense,  yes;  but  I  should  not  treat  her  as  dis- 
tressed where  it  was  intentionally  done  foi'  an  evident  pur- 
pose—the bringing  of  this  distress  about. 

The  Court:  i).  She  might  easily  run  short  of  water  by 
boring  a  hole  in  the  casks?  A.  Yes,  sir.  In  distress,  the 
way  I  understand  it,  when  vessels — 

Mr.  Eberts:  I  object. 

The  Court:  I  am  not  suggesting  anything;  and  I  do  not 
believe  for  a  moment  that  C'a])tain  Turtle  would  kick  a 
40  hole  in  the  head  of  his  water  casks.  But  it  does  not  re- 
quire a  seaman  to  point  out  whether  it  would  be  in  dis- 
tress or  not;  it  only  requires  ordinary  intelligence  to  do 
that. 

Mr.  Pooley:  Very  well;  that  is  all  I  desire  to  ask. 
Cross-examination  by  Mr.  Eberts: 

Q.  Captain  Johnson,  you  had  a  conversation  with  Cap 
tain  Turtle  the  next  morning?    A.   Yes.  sir. 

Q.  Didn't  Capt.  Turtle  tell  you  '.le  had  no  idea  of  com- 
ing in  there  for  the  purpose  of  killing  seals?    A.  I  don't 
5°  remember  that  he  did. 

Q.  Didn't  he  speak  something  of  the  kind,  or  words  to 
that  effect?  A.  He  spoke  words  to  that  effect,  that  he 
was  crossing  this  narrow  angle  in  the  Behring  Sea  here,  as 
the  chart  shows,  and  h(^  came  in  there  for  water. 

(^.  He  was  crossing  that  narrow  angle  of  the  Behring 
Sea,  and  came  in  there  for  water?  A.  That  part  of  the 
Behring  Sea  that  comes  under  our  jurisdiction. 

Q.   And  didn't  he  tell  you  that  he  came  from  the  neigh- 
bourhood of  Copper  Island?     A.  Whether  he  told  me,  or 
^"  whether  I  obtained  the  information  from  Mr.  Harrison, 
1  don't  know.     I  certainly  had  the  information. 

Q.  You  certainly  had  that  information  that  the  Captain 
had  lately  come  from  the  neighbourhood  of  Copper  Island? 
A.  Almost  immetliately. 

Q.  Almost  immediately  from  the  neighbourhood  of  Cop- 


23S 


(Exhibit  No.  85.) 

per  Island;  and  that  he  had  been  sealing  in  that  locality 
for  some  time.     A.  Yes. 

Q.  And  that  he  had  been  sealing  in  that  locality  for 
some  time,  that  is,  in  the  locality  of  Copper  Island.  Now, 
how  far  is  Copper  Island  from  Attou  Island?  A.  I  don't 
know. 

The  Court:  Q.  About  300  miles*    A.  I  don't  know,  as  I 
10  never  measured  it. 

The  Court:  Q.  It  is  about  five  degrees  of  longitude,  at  42 
miles  each?  A.  Fivedegreesof  longitude,  forty-two  miles 
each;  about  two  hundred  miles;  I  should  say  20(>  miles. 

Q.  Didn't  Captain  Turtle  also  mention  to  you  —he  men- 
tioned to  you  that  he  came  in  there  to  get  some  water,  did 
he  not?    A.  I  think  so. 

Q.  Yes?    A.  It  is  very  hard  to  say  what  he  mentioned 
to  me,  and  what  I  obtained  from  my  officers  almost  at  the 
same  time. 
2o     Q.  That  was  your  understanding  at  the  timei    A.  At 
the  time  that  he  came  in  there  for  water. 

Q.  Now.  when  your  ship  came  into  the  adjoining 
harbour  of  Tschitschagolf,  you  did  not  see  him  then,  did 
you<    A.  No,  sir. 

Q.  You  did  not  see  him  when  you  first  came  in?  A.  I 
could  not  see  him. 

Q.  And  he  could  not  see  you?  A.  No;  he  might  have 
seen  me  outside. 

Q.  He  might  have  seen  you,  you  don't  know?    A.  No. 
30     The  Court:  Q.  I  suppose  there  is  some  high   land  be- 
tween Tchitschagoflf  harbour  and  Gotzleb  harbour?     A. 
Yes,  sir;  very  high;  I  suppose  one  thousand  feet  high  be- 
tween the  two  harbours. 

Q.  And  this  Gotzleb  harbour  is  a  very  easy  harbour  to 
get  into?  A.  I  don't  know;  I  didn't  go  into  it,  and  I  liad 
no  chart  of  it. 

Q.  Do  you  know  what  the  Captain  of  the  ship  was 
doing  at  the  time  it  was  .seized?    A.  No,  sir;  of  my  own 
knowledge  I  do  not  know. 
40     Q.  Do  you  know  it  from  any  knowledge  you  got  from 
your  officeis  at  the  time? 

Mr.  Pooley:  This,  my  lord,  is  not  evidence. 

The  Court:  He  can  speak  of  that  on  cross-examination. 

Q.  As  Captain  of  the  ship  "Mohican,"  Mr.  Johnson, 
did  you  hear  from  the  officers  who  had  been  sent  to  seize 
the  "Oscar  and  Hattie,"  what  the  Captain  of  the  "Oscar 
and  Hattie,"  or  the  crew,  were  doing  at  the  time  that 
they  were  seized?  A.  I  heard  from  some  that  their  boats 
were  out.  For  what  purpose  I  do  not  think  that  I  ever 
50  heard. 

Q.  Didn't  you  hear  that  their  boats  were  out  between 
the  ship  and  the  shore  getting  water?     A.  I  did  not. 

Q.  You  never  heard  that.  Well,  you  know  a  good  deal 
about  the  Behring  Sea,  don't  you  Captain  Johnson?  A. 
I  know  a  little  something  about  the  Behring  Sea,  having 
gone  twelve  or  fifteen  thousand  miles  m  it  this  cruise. 

Q.  You  don't  think  that  they  were  out  sealing  aiound 
Attou?    A.  I  do  not. 

Q.  Isn't  it  a  fact  there  were  no  seals  in  the  neighbour- 
60  hood  of  Attou?      A.  I  don't    think    we  had    seen    any 
within  a  couple  of  hundred  miles  of  it— perhaps  more. 

Q.  Is  it  not  a  matter  of  notoriety  that  the  neighbour- 
hood of  Attou  is  no  place  for  seals;  that  thej'  do  not  fre- 
quent that  locality?  A.  I  don't  know  about  notoriety,  or 
not. 


L>;u 


■■! 


^Exhibit  No.  S").) 

Q.  You  don't  know  from  notoriety,  but  you  did  not  see 
any  within  two  hundred  miles;  A.  I  should  say  within 
two  hundred  miles. 

Q.  And  you  had  just  come  into  Tschitschagoff  harbour 
from  Pribyloflf  Islands!!  A.  No,  sir,!  had  come  from  Oun- 
alaskn. 

Q.  North  of  the   Aleutian  Islands?    A.  Yes,  sir.     It  is 
10 about  eight  hundred  miles  to  the  eastward  of  Attou.     It 
is  the  next  island  west  of  Ounimak  Pass. 

Q.  Is  it  on  the  mainland?  A.  No.  sir;  it  is  on  the  island; 
it  is  on  one  of  the  larger  islands  there. 

Q.  Well,  now,  where  are  the  gieat  feal  rookeries;  are 
they  near  the  St.  Georges  and  Pribyloflf  Island?  A.  Yes, 
sir. 

Q.  And  those  are  the  American  islands?    A.  Yes,  sir. 

y.  And  they  are  in  the  Behiing  Sea?    A.  In  the  Behr- 
ing  Sea.     In  the  American  jiait  of  the  BehringSea. 
20     Q.  In  the  supposed  American   portion   of  the  Behring 
Sea?     A.  Yes,  sir. 

g.  Didn't  the  Captain  of  the  "  Oscar  and  Hattie"  tell 
you  he  was  on  his  way  to  Victoria?  A.  I  should  say  so, 
yes. 

Q.  Yes,  ho  told  you  on  his  way  to  Victoria.  And  didn't 
he  tell  you  that  his  sealing  was  over?  A.  I  don't  re- 
member. 

Q.  You  don't  remember?    A.  It  is  my  impression  now 
that  this  season  was  practically  over,  and  that  he  was  on 
SOliis  way  home  from  Copper  Islands. 

Q.  Your  impression  is  that  his  season  was  practically 
over,  and  that  he  was  on  his  way  home  from  the  Copper 
Islands?    A.  Yes. 

Q.  And,  ashe  told  you,  he  ran  in  theie  for  water?  A. 
Yes. 

Q.  He  told  you  be  lan  in  there  for  water?  A.  Either 
he  or  the  officers  told  me;  I  cannot  separate  one  conversa- 
tion from  the  others. 

I}.  You    cannot  separate  one  conversation    from    the 
40  others  at  the  time?    A.  At  the  time. 

Q.  As  a  matter  of  international  courtesy,  isn't  it  a  fact 
that  a  ship  in  distress,  of  another  notion,  oi'  a  ship  in  need 
of  water,  can  go  into  any  port  without  being  seized,  to 
take  water?  A.  I  think  it  is  a  question  of  local  laws.  I 
am  not  familiar  with  our  revenue  laws. 

Q.  You  are  not  familiar  with  your  revenue  laws?  A. 
No,  sir. 

Q.  Do  you  know  that  from  notoriety?    A.  I  know  this 
much,  that  a  ship  in  distress  is  generally  granted  a  great 
50  deal  of  license. 

Q.  A  ship  in  distress  is  generally  granted  a  great  deal  of 
license?  And  you  say  this  vessel  was  se'zed  for  being  in 
prohibited  waters.  You  don't  mean  that  the  Behring  Sea 
is  a  prohibited  sea,  except  for  the  special  purpose?  A. 
Except  for  certain  purposes. 

Q.  You  mean  prohibited  waters  for  the  purpose  of  seal- 
ing only?    A.  For  the  purpose  of  sealing  only. 

Q.  You  were  under  the  impression  he  was  on  his  way 
to  Victoria  at  the  time?    A.  Yes. 
60     Q.  Ho  told  you  so?    A.  I  think  so. 

Q.  And  his  sealing  season  was  practically  over?  A. 
Yes. 

Q.  And  that  he  had  been  sealing  for  some  time  in  the 
neighbourhood  of  Copper  Island,  and  that  he  had  just  im- 


yjit 


235 

(Exhibit  No.  85.) 

mediately  before  that  come  from  that  locality?    A.  That 
is  my  understanding  of  it. 

Q.  And  that  he  had  gone  into  this  place  for  the  purpose 
of  getting  water?    A.  Yd. 

The  Court:  Q.  What  did  vou  find  on  boai'd  her;  did  you 

find  sealing  implements  on  hoard  her?    A.  Yes.  sir;  guns, 

sealskins,  and  boats;  I  found  the  ordinary  sealing  outfit. 

lo     Q.  Any  bodies  of  seals?    No,  sir.     I  am  swearing  what 

— I  didn't  go  on  board  myself. 

The  Court:  Q.  You  did  not  search  her  at  all?  A.  I  did 
not  go  on  board  of  her 

The  Court:  Q.  You  do  not  know  then?  A.  1  know  there 
wore  guns,  because  I  got  them. 

The  Court:  Q.  You  got  some  guns;  you  don't  know 
where?    A.  I  know  they  came  from  her,  surely. 

Q.  Did  they  not  get  some  jirovisicmsfrom  yon?  A.  They 
did,  I  think;  I  don't  remember  e.xactly  what  it  was;  beans 
2oand  rice,  1  should  say. 

Q.  Beans  and  lice,  at  that  place,  Gotzleb  Harboui?  A. 
Yes,  sir. 

Q.  Did  not  the  Captain  of  the  ship  tell  you  that  his  grub 
was  running  short,  and  that  he  had  just  enough  to  carry 
him  to  Victoria?    A.  I  don't  think  he  told  me  he  hadn't 
enough  to  get  home  with. 
Ke-examined  by  Mr.  Pooley: 

Q.  Did  you  give  iiim  the  beans  and  lice,  Captain  John- 
son, after  you  had  oidered  him  to  Ounalaska?  A.  Yes. 
30  y.  And  was  it  in  consequence  of  your  having  ordered 
him  to  Ounalaska  that  you  gave  him  those  beans  and  rice? 
A.  It  was  partially  for  that  reason,  and  partially  because 
he  said  he  was  shi)rt. 

The  Court:  (^.  What  sort  of  a  place  is  Attou  Island.  Is 
it  populous?  A.  No,  sir;  I  think  there  are  about  SO  people 
on  it. 

The  Court:  Q.  Have  they  got  much  spare  provisions? 
A.  They  have  none. 

The  Court:  Q.  None  whatever.     A.  None  whatever. 
40     Tlie  Court:  It  was  a  fortunate  thing  for  this  starving 
crew  they  came  in  there;  Victoria  was  a  great  deal  farther 
off?    A.  They  could  not  get  any  provisions;  yes,  a  great 
deal  farther  off. 

Tlie  Court:  Q  They  would  have  been  in  dreadful  dis- 
tress? A.  'I  iiey  could  not  have  got  any  provisions  there; 
they  might  have  got  a  few  chickens;  I  tried  to  buy  some 
and  could  not. 

The  Court:  Q.  Do  yo'i  think  they  could  have  got  it  at 
the  Piibyloff  Islands?    A.  That  is  as  far  off,  very  near,  as 
S'^it  is  to  Victoria;  tiiey  could  not  have  got  there,  I  don't 
think. 

Witness  excused. 

William  Kelley  Harrison  being  called  on  behalf  oi' 
petitioner,  and  duly  sworn,  testified  as  follows: 
DiKECT- EXAMINATION  by  Mr.  Pooley. 

Q.  Your  name,  Mr.  Harrison?  A.  William  Kelley 
Harrison. 

Q.  Did  you  on  or  about  the  Slstday  of  August  seize  a 
,   vessel  called  the  "  Uscar  and  Hattie  ?"    A.  I  did. 

Q.  At  that  time  what  was  your  occupation?  A.  An 
officer  attached  to  the  United  States  steamer  "  Mohican." 

Q.  Did  you  seize  the  vessed  under  the  orders  of  Captain 
Johnson?    A.  I  did. 

Q.  Now,  what  time  of  the  day  was  it  that  you  firet  saw 
that  vessel!    A.  About  two  o'clock  in  the  afternoon. 


i  'i' 


2M« 

(Exhibit  No.  86.) 

O.  Did  you  seize  her  then<     A.  I  did  not. 

Q.  Wl)iit  did  you  do?  A.  I  was  sent  around  for  the 
purpose  of  seeing;  whether  there  were  any  vessel.s  there, 
and  1  discovered  tiiis  schooner  about  two  miles  over  there, 
and  retinned  to  the  "  Mohican  "  and  made  my  report.  At 
four  o'clock  I  was  sent  around  to  seize  her.  I  8eiz«Kl  lier 
shortly  after  five. 
10  Q.  When  you  went  to  the  "'Oscar  and  Hattie"  wliat 
did  you  find?    A.  I  found  several  of  her  boats  down. 

Q."  How  many?  A.  Four  or  five,  all  but  one  of  which 
were  hanging  at  the  stern;  another  one  was  under  way 
from  the  shore,  with  two  or  thiee  men  in  it.  It  was  tlien 
late  in  the  afternoon. 

Q.  What  time  was  it  that  you  seized  her  after  five 
o'clock?    A.  I  should  say  between  five  and  half|)ast  five. 

The  Court:  Q.  Was  it  late,  at  that    time  of  the  yairi 
you   say  it   was  late  in  the  afternoon?    A.  I  should  call 
20that  generally  speaking  late  in  the  afternoon.     It  was  on 
the  ;5oth  of  August,  wi-stern  time. 

Q.  At  what  time  did  the  sun  go  down?  A.  Sometime 
about  half-past  seven  or  eight  o'clock.  But  at  that  time 
the  sky  becii me  cloudy,  and  theie  were  hills  around;  so 
that  T  should  say  it  was,  from  the  looks  of  things,  late  in 
the  afternoon. 

The  Ctiint:  i}.  You  saw  several  boats  down  in  the 
water?    A.  Yes,  sir. 

Q.  They  were  all  hanging  at  the  stern  of  the  ship  except 
30 that  one,  and  that  one  was  making  off  from  the  shore 
with  two  men  in  it?    Q.  Two  or  three  men 

Q.  Had  any  of  the  boats  vou  saw  hanging  at  the  stern 
of  the  vessel  water  casks  in  them?  A.  I  did  not  notice 
any. 

Q.  Did  you  see  any  guns  which  were  used  for  the  pui 
pose  of  killing  seals  on  board  that  schooner?    A.  I  did. 

Q.  Where  were  they?  A.  They  were  set  in  the  racks 
in  the  cabin. 

Q.  In  the  cabin.     Is  that  the  usual  place  for  sealers  to 
40  set  their  guns?    A.  From  the  sealers  I  had  seen  it  seemed 
to  be  the  usu;'l  place. 

Q.  Is  that  the  usual  jdace  they  set  them  when  they  are 
in  active  work?  A.  In  active  work  each  hunter  has  bis 
boat  and  takes  bis  guns  with  him;  I  don't  say  that  he 
carries  more  than  one  gun  or  not;  but  there  is  a  hunter  for 
each  boat. 

Q.   Where  do  they  keep  the  guns  on  board  the  ship  when 
they  are  in  active  work?     A.    They  keep  them   in  the 
racks. 
50     Q.  They  keep  them  in  the  racks?    A.  Yes. 

Q.  Did  you  notice  any  guns  in  those  boats  aft?  A.  I 
did  not. 

Q.  Did  you  see  the  sealskins  on  boaid?    A.  I  did  not. 

Q.  Do  you  know  there  were  any  sealskins  on  board?  A. 
The  master  told  me  that  he  had  some  sealskins  on  board; 
and  he  told  me  he  had  some  down  on  the  "  Coquitlam." 

Q.  The  master  told  you  that  he  had  some  sealskins  on 
board,  and  that  he  had  some  down  on  the  "Coquitlam?"' 
A.  Yes. 
60     Q.  Lost  some  skins?    A.  He  had  171  skins  on  the  "  Co- 
quitlam "  when  she  was  seized. 

Q.  Did  he  tell  you  the  number  he  had  on  his  own  ves- 
sel?   A.  He  did  tell  me,  he  had  27tl  on  board. 

Q.  276  on  board  his  own  ship.  Did  you  gather  then  from 
what  you  saw  and  heard,  Mr.  Harrison,  that  the  schooner 


9B7 


lExliiliit  No.  s.'i.) 

was  in  a  position  wifli  Iki' ini|)lt'mtMits  to  seal?     A.   Itliink 
that  it   \v(jiil(l  have  iicen  a   \vvy  sitnplf   iiiatter  to   have 
taken  tlie  ^unH  out  of  the  racks  and  put  tlie  auiniunition 
in  the  hoats,  and  gone  out  with  the  hoats. 
CK()ss-k.\.\mi.\ati().\  liy  Mr.  KhcitH: 

C^.   You  say  it  would   have  heen  a  very  easy  matter   to 
have  jione  out  seaUnf;^     A.   Yes.  sii. 
lo     Q.   From   where  they  were  there?     A.   If  the  seals  had 
heen  close  i»y. 

(}.  I  was  goinp;  to  ask  yon  if  they  could  find  seals  to 
kilW  A  It  would  have  heen  a  very  easy  matter  to  have 
gone  foi'  them 

Q  It  would  have  heen  a  very  easy  matter  to  liave  gone 
for  tlieni  if  theit-  had  l»een  anv  seals  tf»  kill.  Aio  there 
any  seals  in  that  locality?    A.   I  did  not  st^e  any. 

Q.  You  know  a  good  deal  al)out    Helning  Sea,  Mr    Hai- 
rison?     A.  Only  what  I  observed   in  cruising  around,  and 
20 talking  with  the  people. 

U.  t)nly  what  you  ohserved  in  cruising  around,  and 
talking  with  tin-  captains  of  schooners?  A.  Talking  with 
the  captains  of  schooners  and  the  agents  aroinid. 

Q.  In  the  United  States  service.  Isn't  it  a  fa<t  there 
are  no  seals  in  the  neighhorhood  of  Attou?  A.  1  cannot 
say  that  it  is  a  fact;  I  do  not  think  theie  are  any. 

\}.  Yon  don't  think  there  are  any  seals  in  Attou.  You 
didn't  think  they  liad  those  lioats  down  at  the  stern  for 
the  purpose  of  going  out  sealing,  (lid  you?  A.  1  did  not. 
30  {}.  When  you  seized  that  ship  were  they  in  the  act  of 
bringing  water  from  the  siiore?  A.  A  hoal  was  coming 
from  shore  from  the  direction  of  ;*  stream  of  water. 

Q.  Did  the  boat  come  U]>  alonj.'side?  A.  I  was  lielow 
when  the  boat  came  alongside. 

Q.  Did  tile  captain  of  the  ship  tell  yon  thnt  he  was 
taking  on  water  there?     A.   He  did. 

0.  Did  he  not  tell  you  that  he  had  taken  on  about  I.TjUO 
gallons  of  water?    A.  I  cannot  say  that  he  did. 

C^.  Did  you  give  him  instructions  to  go  on  taking  in  his 
40  water?    A.  I  don't  remember;  I  made  no  objection  to  it. 

y.  Y'ou  made  no  ohjection  to  his  going  on  and  taking 
water.  Did  they  take  some  water  on  after  you  got  there? 
A.  I  cannot  say.  The  crew  seemed  to  have  been  mainly 
on  the  ve.ssel  at  the  time. 

Q.  Did  any  of  the  boats  come  from  the  shore  while  you 
were  on  board?  A.  I  have  said  that  one  boat  came 
along  side  after  I  got  on  hoard;  this  is  the  only  one 
that  I  know  of,  except  a  boat  from  the  "  Mohican." 

Q.  And  it   was  an    uninhal)ited  place?    A.  That    part 
50  of  it. 

Q.  That  portion  of  t.he island  was uninhahited?  A.  'that 
portion  of  the  island  was  uninhahited. 

Q.  Did  the  captain  of  the  ship  tell  you  that  he  had  just 
come  in  there  from  the  neighborhood  of  Attou  Island?  A. 
He  did. 

Q.  And  tliat  he  had  left  the  neighhorhood  of  Copi)er 
Island  two  or  three  days  before?    A.  Yes,  sii-. 

Q.  And  that  for  a  month  previous  to  tl.at  he  had  been 
fishing  in  the  neighborhood   of   Copper   Island?    A.  He 
60  said  that  he  had  been  hunting    in  the  neighborhood  of 
Copper  Island. 

Q.  And  that  he  had  not  been  fishing  in  Behring  Sea  at 
all,  that  is  so  far  as  the  prohibited  portion  of  the  Behring 
Sea  is  concerned?    A.  He  told  me  that  he  had  not. 


m 


2H8 


;i  ' 


(Exhibit  No.  sr>.) 

Q.  He  told  yuu  tliat  he  luul  not;  ain!  ^hrif  I,e  had  simply 
gone  into  this  haibonr  for  waterC    A.  Yes. 

Q.  Tt.at  he  was  short  of  water?     A.   Yes,  sir. 

Q.  Di(.  he  tell  you  he  was  on  his  way  to  Victoria?  A. 
Yes.  sir. 

i).  And  that  his  fishing  season  was  over;  that  his  seal- 
ing season  was  over  at  the  time?     A.  He  may  have  told 
lome  that;  I  don't  remenibe!-. 

Q.  Did  he  tell  yon  .ilso  tliat  he  was  short  of  provisions? 
A.  It  was  my  understanding  that  lie  had  provisions  enough 
to  go  to  Victoria  direct. 

Q.  It  was  enough  to  go  to  Victoria  direct  and  nothing 
more?    A.  Nothing  more. 

Q.  And  that  lie  possibly  run  short  if  he  had   some  very 
rough  weather  on  the  way  down?   A.  He  thought  that  he 
might  run  short  by  stopping  at   Ounalaska;  he   thought 
so;  he  could  have  gotten   jnovisions   in   Ounalaska,  how- 
soever. 

C,).  He  could  have  gotten  |>rovisions  in  Ounalaska.  The 
way  from  Coppei'  Island  to  Victoria  would  take  them  close 
by  Attou  Island,  on  the  south  side?  A.  It  would  take 
them  consideraide  distance  to  the  eastward  of  Attou 
Island;  I  cannot  say  how  far,  but  lean  show  which  pas- 
sage they  would  go  through  most  likely. 

Q.  If  they  came  directly  down  from   Copper  Island  on 
the  outward  passage?    A.   If  they  went  directly  down  he 
would  very  soon  get  out  of  the  Behiiug  Sea 
30     Q.  Were  you  at  Ounalaska  when  he  arrived  there?  A.  I 
was  not  there  when  be  arrived. 

Q.  Were  you  there  shortly  afterwards?  A.  Shortly 
afterward. 

Q.  Did  he  not  buy  a  little  provisions  there?  A.  I  cannot 
say. 

Q.  You  do  not  know  of  your  own  knowledge?  A.  No, 
sir. 

Ke-k.\.\mination  by  Mr.  Pooley. 
40  ^-  Would  it  be  necessary  to  take  so  many  boats  as  that 
out  to  get  water?  A.  If  he  were  in  a  hurry  to  water,  why 
of  course  it  would  be  better  to  take  all  of  his  boats.  It  is 
a  hard  matter  to  obtain  fiesh  water  at  that  place,  and  of 
course  he  could  work  then  all  of  his  boats  at  one  time  if 
wanted  to. 

Q.  But  he  hadn't  them  all  down?  A.  I  should  say  that 
there  were  some  boats  on  deck;  two  or  three. 

Questions  by  The  Court. 

50  Q.  How  many  boats  had  he  all  together  then?  A.  There 
was  one  coming  from  the  shore,  two  or  three  on  deck 

Q.  And  how  many  at  the  stein?  A.  I  cannot  say,  sir, 
the  exact  number  of  boats  that  be  had;  but  I  should  say 
tliat  he  had  all  told  t^even  or  eight  boats — sealing  boats. 

Q.  How  much  water  did  be  bring  at  a  trip  in  each  boat? 
A.  [  do  not  know  v.'hat  his  arrangement  was  for  water;  T 
could  not  say  about  that;  he  may  have  had  canvas  tanks 
to  fit  in  liis  boats,  and  bring  it  in  in  that  way,  or  he  might 
have  brought  the  water  in  loose  in  his  boats,  or  he  may 
60  have  brought  it  in  casks;  the  boats  are  very  buoyant  and 
they  would  carry  a  great  deal  of  water. 

Q.  How  far  was  it  from  the  boat  to  the  shore,  to  the 
stream?  A.  I  have  never  been  to  the  stream  from  which 
this  boat  was  coming;  I  know  there  is  a  stream  there,  and 
I  should  judge  from  what  I  know  of  the  harbour  that  it 


2;i!t 


(Exhibit  Xo,  sr).) 

could  not  have  been  furtlioi'  tliaii  a  mile  and  a  half  or  a 
mile. 

U.  If  he  had  made  dispatch  he  could  have  filled  his  boat 
and  supplied  his  vessel  with  watei-  and  got  away  before 
you  got  there  at  all?  A.  I  had  seen  him  about  two  o'clock 
in  the  afternoon,  and  to  have  gotti  :i  out  without  o"i  see- 
ing him  he  would  have  to  mokC  very  great  dispatch.  VV^e 
loknew  he  was  there  from  the  forenoon. 

Q.  From  the  forenoon?  A.  Yes.  by  a  report  of  a  native, 
who  said  that  theie  was  a  schooni'r  in  that  harbour. 

Q.  You  did  not  know  before  th;;t  day  that  he  was  there? 
A.   No.  sir. 

Q.   You  did  not  come  in  to  chase  lier?    A.   No.  sir. 

y.  What  sort   6f  weather   had  you  when  you  pulled 
around  there?     A.  There  was  no  wind  to  speak  of  but  a 
very  heavy  swell  coming  in  from  the  northward  and  west- 
ward.    Tlie  swell  at  the  end  of  the  harbour  was  small—- 
20  very  slight  swell. 

Q.  A  swell  from  the  nortbwai'd  and  westward  would 
not  indicate  very  bad  weather  from  the  direction  of 
Copper  Island?  A.  It  might  indicate  a  strong  drive  from 
the  direction  of  norward  and  westward. 

t^.  From  Behring  Straits;  that  would  be  norward  and 
westward;  that  is  where  the  swell  came  from?  A.  The 
swell  came  from  norwaid  and  westward. 

Q.  Then   that   would    come  from   Copper  Island?     A. 
Yes,  sir. 
30     V.  That   would   indicate   norward  and  westward?    A. 
Yes,  sir. 

Q.  And  the  schooner  might  have  been  knocked  about 
theie. 

Witness  exciised. 

Mr.  Pooley:  That  closes  our  case,  my  lord. 

RESPONDENT'S  EVIDENCE. 

The  Respondent  put  in  evidence  the  t<>stimony  of 
Tiiomas  Turtle,  heretofor:-  duly  taken  in  this  case  on  the 
403rd  day  of  December,  i    'ii. 

Joseph  Bkown.  beir.g  called  on  behalf  of  Respondent, 
and  sworn,  testified  as  follows: 

DujECTEXAAiiNATioN  by  Mr.  Eberts: 

Q.  I  believe  your  name  is  .loseph  Brown?    A.  Yes,  sir. 

Q.  You  were  on  boaid  of  the  "Oscar  and  Hattie,"  were 
you  not?    A.  Yes,  sir. 

Q.   Were  you  on  board  of  hei'  when  slu'  was  seized?    A. 
Yes.  sii'. 
50     Q.  Where  was  she  sealing  just   prior  to  being  seized? 
A.  Off  Copper  Island. 

Q.  Had  she  been  around  Copper  Island  for  .some  time? 
A.  Yes.  sir;  right  along. 

Q.  Right  along  she  had  been  sealing  off  (upper  Island? 
A.   Yes.  sir. 

^  (,).  Do  you  remend)ei-  about  the  time  that  yctu  left 
Copper  Island?  do  you  remembei'  when  you  started  for 
home?    A.  I  couldn't  very  well  tell  now.  sir. 

g.  I   don't    want  the  day  of   the   month,   but  do  you 
60 remember  when  you  started  away?     A.  I  lemember  when 
we  started  going'in  the  nearest  place  foi'  water;  we  were 
short  of  water,  and  we  were  on  the  way  for  Victoria. 

g.  When  vou  started  fiom  the  vicinity  of  Copper  Island 
did  you  start  for  Victoria?  A.  We  were  on  the  way  to 
Victoria. 


pi 


t ' 


you  would  he   short 

sir, 

A.  Yos,  sii',  we  wcie 


240 

(Exhihit  No.  sr>.) 

Q.  And  you  were  sliort  of  water?  A.  Yes,  sir.  we 
were  short  of  water. 

Q.   What  was  your  position  on  hoard?    A.   Hunter,  sir. 

Q.  Were  you  tliere  in  (iotzleh  harhour  after  that,  when 
they  cairie  in  for  water?    A.   Yes.  sir. 

Q.  Did  you  iielp  to   taK'e  it  in?    A.   I  helped  to   find  a 
pl.'tce  for  water, 
lo     Q.  Who  (hd  you  go  with?     A.  I  went  with  a  couple  of 
tUv  hoys. 

A.  And  you  found  a  place  for  water?     A.  Yes,  sir. 

(}.  And  did   you  see  them   take  the  water  in?     A.   Yes. 

<^>.  Did  tliev  take  a  good  deal  of  water  in?  A.  Yes,  sir; 
took  a  good  deal  of  water,  to  make  sure  to  get  home. 

Q.  Took  a  good  deal  of  water  to  make  sure  to  get  home? 
A.   Yes.  sir. 

Q.   At  that  time  yon  were  afraid 
hefore  you  got  to  Victoria?     A.  \es 
20     Q-   ^'ou  were  short  of  grub  too? 
a  little  short  of  giuh. 

A.  And  was  the  sealing  season  over  there  foi'  you?  A. 
Yes.  sir;  it  was  past;  it  was  blowing  a  pretty  strong 
bree/e  tlu're  for  (]uite  a  wiiile,  and  we  thougnt  we  couldn't 
do  anything  and  the  Captain  saiil  we  would  go  home. 

(^.  it  was  hlovviiig  a  good  bieeze  off  of  Copper  Island? 
A.  Yes.  and  from  Copper  Island  until  we  reached  Attou, 
and  in  the  afternoon  when  we  got  in  there  it  moderated 
down 
30  (,).  Ill  the  afternoon  when  you  got  there  it  moderated 
down?     A.   Yes.  sir. 

Q.  And  the  next  nioiniiig  you  started  to  take  in  water? 
A.   Yes,  sii:  the  next  day. 

Q.  And   you  were  seized  that  next   day?     A.   Yes,  sir; 
seized  in  the  afternoon. 
Choss-kxam .NATION  by  Mr.  Pooley. 

Q.   Were  you  heating  about  oft'  Attou  Island  long  before 

you  got  into  Attou  Island?     A.   Yes.  sir;  beating  around 

liiokii'g  for  this  haibour;  looking  for  a  harbor  to  get  in; 

40  and  this  was  the  only  one  we  could  see  any  ways  into  to 

get  in. 

Q.  How  long  had  you  lieen  lying  off  of  the  island  before 
you  go  in?     A.   .About  three  hours. 

Q.  Why  didn't  you  go  on  the  south  side?  A.  We 
couldn't  very  well  get  in. 

Q.  Wliat  was  the  trouble?  A.  The  Captain  said  it 
was  rather  rough  to  get  in;  and  be  didn.'t  know  that  there 
was  any  harhour  there  to  get  in;  and  this  was  the  only  one 
we  could  get  in. 
50  Q,  It  was  pretty  rough  outside  at  the  time?  A.  Yes, 
sii'.  it  was  pretty  rough  outside. 

Q.  Whicn  way  was  the  wind  coming  at  that  time?  A. 
The  wind  was  westerly,  1  believe,  sir. 

Q.  How  did  you  take  the  water  into  the  ship?  A.  In 
boats. 

Q.  In  the  boats  themselves?  A.  Yes.  sir;  and  we  dipped 
it  with  a  bucket  from  the  stream. 

y.  Did  it  make  tlie  water  i)retty  dirty?    A.  No,  sir;  we 
washed  the  boats  out  first  before  we  took  any  water. 
f>o     Q.   Were  you  using  the  whole  of  the  bouts  in  taking- 
water?    A.  No.  sir. 

Q.  How  many  were  there,  five?  A.  There  was  a  lot 
went  up  theie,  and  we  turned  the  boat  over  edge-ways 
and  took  the  water  in.  and  went  alongside  and  dipped  the 
water  out  in  buckets  in  the  funnel. 


2n 


(Exhibit  No.  s,-).) 

Q.  How  many  boats  were  yon  using?    A.  Three  boats. 

Q.  Used  three  boats?  A.  Yes,  sir:  the  other  three  boats 
were  around  on  the  sides,  scraping  the  sides. 

Q.  Did  you  see  the  smoke  of  the  steamer  over  the  island 
as  she  was  commg  into  Tscbitschagoff  harbour?  A.  No, 
sir;  not  tliat  I  know  of. 

Q.  You  did  not  see  it?  A.  No,  sir. 
ro  Q.  Why  didn't  you  commence  taking  in  water  before 
one  o'clock  in  the  day?  A.  We  were  looking  for  a  good 
place;  there  was  a  pretty  big  swell  riuming  in  there,  and 
we  were  looking  for  a  good  place  so  it  would  not  sweep 
the  boats. 

Q.  Were  there  more  than  one  (.'reek  there?  A.  There 
were  two  creeks  there;  one  creek  was  breaking  i)ietty 
heavy,  and  we  went  further  along,  about  a  mile,  I  believe, 
and  saw  a  place  we  could  dip  watei-. 

Q.  And  that  made  you  so  late  commencing  to  take  it  in? 
20  A.  Yes.  sir. 

Q.  What  time  did  you  start  out  in  the  morning  to  hunt 
that   place?      A.   About  eight  o'clock  in  the   morning,  a 
little  aftei'  we  got  breakfast. 
Witness  excused. 

Mr  Eberts,  Solicitor  for  tiie  Respondent,  called  for  Mr. 
Baker  stating  that  be  proposed  to  ))rove  by  him  that  there 
are  no  seals  in  the  neighbourhood  of  Ati-oii  at  all.  and  that 
the  nearest  jjlace  where  seals  are  found  is  somewhere  in 
the  neighbourhood  of  Too  miles  from  Attou. 
30  Mr.  Pooley.  Solicitor  for  the  Crown,  admitted  that  the 
neighbourhood  of  Attou  is  not  the  I'egular  sealing  grounds. 

Mr.  Roberts:  If  it  would  iielp  your  Lordshiji  any,  1  could 
call  Mr.  Penny,  the  managing  owner  of  this  com])any  who 
are  the  owners  of  the  "Oscar  and  Hattie."  to  say  what 
were  the  instructions  tit  the  captain  of  that  ship;  that  by 
no  means  was  he  to  go  info  Bebring  Sea. 

The  Court:  I  assume  that  the  instructions  to  the  captain 
were  that  he  kee|)  the  ship  out  of  (lang< 

Mr.  Eberts:  I  am  sorry  to  say  that  w.   luive  not  got  this 
40  mate  of   this  "  Oscar  and  Hattie"  here.     We  only  knew 
about  three  days  ago  when  this  trial  would  come  on.  and 
we  have  not  been  able  to  find  tlie  mate. 

Mr.  Pooley:  An  order  was  made  for  the  examination  of 
the  mate,  and  he  ought  to  have  been  examined  the  sam,' 
day  that  Mr.  Turtle  was  examined,  on  the  third  day  of 
December. 

Mr.  Eberts:  We  tried  to  get  the  evidence  of  the  mate 
before,  and  we  were  not  able  to. 

The  Couit:  If  you  have  no  more  evidence,  you  can  sum 
soup  and  Mr.  Pooley  will  reply. 

The  solicitors  argued  the  cause,  after  which  it  was  taken 
under  advisement  by  the  Court. 

JUDG-MENT  OF  SiR   MATTHKW   B.\ILUK   BeGBIE,    L.  J.  A. 

"In  this  case  the  Court  is  asked  to  condemn  the  "Oscar 
and  Hattie"  for  a  contravention  of  the  Behring's  Sea  xVct 
18yi,  chapter  1!>,  section  1,  sub-section  2  b:  'A  British 
ship  shall  not  be  used  in  such  killing,  bunting,  or  attempt- 
ing.' i.  e.,  killing  or  hunting  or  F.ttempting  to  kill  or  hunt 
60  seals  in  the  prohibited  limits.  By  sub-section  5  of  the 
same  section  of  the  Act:  •  If  a  British  ship  he  found  within 
the  prohibited  limits  having  on  board  fishing  or  shooting 
implements  or  seal  skins,  etc.,  the  onus  shall  be  on  the 
owner  or  master  to  show  that  the  ship  was  not  used  or 
employed  in  contravention  of  the  act.'" 


■t. 


I 


242 


(Exhibit  No.  85.) 

"  The  '  Oscar  and  Hattie '  left  Victoria  on  a  seah'ug  voy- 
age on  the  28th  January  last,  and  took  a  new  departure 
from  Yaquina,  in  Oregon,  on  the  18th  February.  She  was 
seized  on  Wednesday  the  Slst  August  last  (schooner's,  i.  e. 
Victoria  time,  disregarding  the  180  degree  long,  limit)  in 
Gotzleb  harbour,  on  the  north  side  of  Attou  island,  and  so 
within   the  prohibited   waters;  having  on  board  a  full 

10  equipment  of  arms  and  crew  and  iJ76  seal  skins,  and  ad- 
mittedly in  all  respects  within  the  express  terms  of  sub- 
section R.  And  the  sole  defence  is  that  the  schooner  was 
in  that  harbour,  and  in  fact  in  Behring  Sea  at  all.  solely 
for  the  purpose  of  procuring  water,  for  want  of  which  she 
was  quite  unable  to  ]ir()stcute  her  return  voyage  to  Vic- 
toria. The  defence  admits  that  the  schooner  had  on  the 
17th  June,  ls!»:i,  been  duly  warned  not  to  enter  liehring 
Sea  to  fish  there,  and  served  with  a  copy  of  the  Act.  The 
captain  being  examined  on  commission,  declared  that  the 

2o schooner  bad  entered  the  prohibited  limits  the  day  before 
tile  seizure,  but  only  in  search  of  water.  That  all  the 
seal  skins  on  board  had  been  secured  outside  those 
limits,  viz. :  a  little  to  the  southward  of  Copper  Island, 
nearly  2(»(t  miles  from  Attou,  and  about  1<M»  miles 
(roughly  speaking)  from  the  dividing  line  claimed  by  the 
UniteJ  States,  and  which  bounds  the  forbidden  waters  on 
the  west,  as  the  chain  of  the  Aleutian  Island  bounds 
them  on  the  south.  That,  finding  seals  scarce,  and  the 
weather  bad,  and  being  besides  sliort  of  water  he  being 

30  then  about  4o  or  5(1  miles  off  the  southeast  end  of  Copper 
Island,  determined  to  abandon  further  hunting  and  return 
to  Victoria;  but  in  order  to  procure  water,  he  boi'e  away 
for  Gotzleb  Harbour,  in  Attou  Island,  which  he  had  known 
before  of,  and  where  he  moored  on  Tuesday  evening,  30th 
August,  (')  :5o  p.  M.  The  next  morning  lie  commenced 
watering,  and  took  l,,')ii(»  gallons  on  board  that  day,  when 
at  ."»  P.  M..  he  was  seized  by  an  officer  from  the  United 
States  ship  "  Mohican." 

"  In  support  of  these  allegations  there  were  produced 

40 Captain  Turtle's  deposition,  the  log  of  the  "Oscar  and 
Hattie,"'  and  Joseph  Brown,  a  hunter.  The  evidence 
of  this  last  witness  was  almost  perfectly  inunaterial.  He 
probably  knew  nothing — he  certainly  said  nothing — as  to 
the  localities  visited  by  the  schooner  in  the  course  of  the 
summer.  Probably  none  of  the  ci'ew  except  the  master 
and  the  mate  could  speak  with  any  knowledge  of  the 
niattei',  but  only  what  tliey  had  heard  from  these  two; 
and  the  mate  was  not  examined. 

"There  seemed  to  be  during  the  argument  some  mis- 

50 conception  on  both  sides  as  t<t  the  nature  of  the  charge 
and  the  facts  which  would  exonerate  the  schooner.  The 
prosecution  seemed  to  treat  the  presence  witliin  the  for- 
t)idden  limits  of  a  British  sbip  fully  equipped  for  sealing 
as  a  substantive  offence.  That  is  not  so.  A  perfectly 
innocent  man  may  be  found  standing  over  a  newly  slain 
corpse  with  a  bloody  knife  in  his  hand.  That  would 
arouse  vehement  suspicion,  but  it  is  not  a  crime  in  itself. 
Again,  the  defense  seemed  to  suppose  that  if  they  showed 
that  the  scho(  ner  was  not  actually  hunting  when  .seized, 

60  but  on  the  contrary,  had  a  very  good  and  innocent  reason 
for  being  there  at  that  time,  she  was  bound  to  be  returned 
to  the  owners.  That  assumes  in  favour  of  the  ship,  the 
narrower  meaning  of  the  woids  of  the  act.  For  the  ques- 
tion then  immediately  arises,  do  the  words  'used  or  em- 
ployed in  contravention  of  the  act "  refer  to  the  use  or  em- 


248 


(Exhibit  No.  85.) 

ployment  on  tliat  particular  occasion;  or  do  they  not 
rather  mean  employment  generally  on  the  voyage?  I 
think  it  must  have  the  latter  and  the  wider  meaning. 
For  otherwise,  any  ship  seized  in  Behring  Sea.  especially 
if  near  the  liind  (unless  seized  in  active  pursuit  of  seals), 
could  easily  contrive  an  excuse — none  perhaps  more  easily 
contrived  or  established  than  a  scarcity  of  water — to  show 

lothat  he  had,  at  the  time  of  capture,  a  lawful,  indeed  a 
necessary  intention.  And  in  the  case  of  seizure  ot  a  ship 
actually  engaged  in  hunting,  it  seems  quite  improbable 
that  the  legislature  should  enact  that  morely  an  inference, 
lial)le  to  rebuttal,  is  to  be  drawn  from  that.  I  think  the 
section  means  that  a  ship  seized  with  arms,  &c.,  was  to 
be  deemed  to  iiave  offended  against  the  Act,  and  forfeit- 
able, unless  tiie  contrary  were  shown.  Tlie  particular 
purpose  on  wliich  the  sliip  was  actually  engaged  when 
seized  may  have  been,  and  piobably  would  be,  occasioned 

20  l>y,  or  necessary  for.  the  prosecution  of  her  general  pur- 
pose; of  which,  indeed,  it  thus  becomes  a  part;  and  though 
colourless  and  indifferent  in  itself,  becomes  illegal,  just  as 
much  as  lowering  a  l)oat,  if  performed  as  a  part  of 
the  illegal  use  or  employment  of  the  ship.  In  a 
word,  if  the  schooner  was  shoit  of  water  on  August  81,  it 
would  be  necessary  for  her  to  take  a  fiesh  supply,  what- 
ever she  had  been  doing  or  was  about  to  do,  whether  en- 
gaged in  sealing  or  on  her  retuin  to  Victoria;  and  the 
taking  of  such  supply  throws  no  light  vvhatever  upon  her 

30  plans  or  purposes  or  eniployment.  The  question  therefore 
recurs,  what  is  the  evidence  offered  in  rebuttal?  At  the 
end  of  the  argument  I  reserved  my  decision,  intimating  at 
the  same  time  that  the  conduct  of  the  schooner  had  at  the 
very  least  been  so  suspicious  as  fully  to  warrant  the  seiz 
ure  on  the  part  of  the  naval  officers  of  both  services.  I 
wished  also  to  examine  the  log  and  the  courses  it  records 
for  the  whole  voyage,  about  which  really  nothing  bad 
been  said  in  argument.  And  the  log  produced  certainly 
throws  a  strong  light  on  the  truth  of  the  case.    In  Captain 

40 Turtle's  evidence  the  only  statement  in  exoneiation  is  in 
ambiguous  terms — '  I  never  lowered  a  boat  in  Behring's 
Sea,'  is  his  expression,  which  he  again  repeats,  and  a  third 
time  adopts  when  repeated  to  hiin  by  his  counsel,  except- 
ing, of  course,  the  boats  in  Gotzleb  harbor  on  the  ;^lst 
August.  He  uses  no  other  expression  of  denial.  1  do  not 
wish  to  attribute  to  him  any  desire  to  deceive  the  Court  or 
his  owners,  but  many  of  his  statements— nearly  all  of 
them  — are  so  flatly  contradicted  by  the  statements  in  the 
log.  by  Commander  Johnson,  and  even   by   bis  own  evi- 

Sodence.  that  all  his  words  are  to  be  carefully  weighed,  and 
it  is  impossible  to  carry  them  further  than  the  dry  mean- 
ing they  express.  It  is  evident  that  be  does  not.  in  ex- 
press terms,  contradict  the  charge  that  he  was  in  Behring 
Sea  attempting  to  hunt  seals,  and  that  the  schooner  was 
employed  for  that  purpose.  All  he  says  is  that  he  him- 
.self  never  lowered  a  boat  there.  To  understand  the  accu- 
i-acy  of  Capt.  Turtle's  memory,  and  the  credit  his  state- 
ments deserve,  we  must  compare  them  with  the  log,  with 
his  own  statement  and  with   the  other  evidence   in   the 

60  case.  Now  bis  own  statement  made  on  oath,  is  that  he 
made  up  his  mind  to  get  water  on  Friday  the  •2^>th  August, 
wlien  40  or  5(1  miles  south  of  Copper  Island,  immediately 
before  bearing  away  for  Atton  Island;  that  he  could  not 
make  the  south  side  of  Attou  Island  on  account  of  the 
wind,  and  that  his  want  of  water  is  the  only  reason  why 


Ilk 


a'^M 


I'      !■ 


1>U 

(Exhibit  No.  S5.) 

he  was  found  witliin  Beliriiijr's  Sea  at  all.  Every  one  of 
these  statements  is  contradicted  by  the  entries  in  tlie  loj;. 
On  the  2'tith  the  log  makes  no  mention  of  scarcity  of 
water,  but  states  tliat  at  noon  that  day  they  sighted  Cop- 
per Island  io  miles  off,  ran  for  six  hours  northwest,  which 
must  have  taken  them  pietty  well  up  the  coast  of  Copper 
Island,  and  then,  /.  e.,  <i  p.  in.  on  August  2t>th,  coin- 
lomenced  a  southeasterly  course,  on  the  average,  for  about 
♦iO  bonis.  Then  the  log  for  the  Hist  time  mentions  a  sliort- 
ness  not  of  water  only  but  of  fuel  also,  and  that  Captain 
Turtle  resolved  to  find  a  supply  of  both  (/.  c,  water  and 
driftwood)  "here."  This  was  at  noon  on  the  :ii»tb,  up  to 
which  time  their  course  seems  to  have  been  well  enough 
directed  for  Victoria.  Tlie  distance  run  each  day,  as  well 
as  the  rate  per  hour,  is  entirely  from  ilielog;  but  it  seems 
reasonable  that  on  the  •_".ttb  August  they  should  be  well  to 
the  southward  and  eastward,  not  of  Alton  Island  meivly. 
2obut  of  Aggiitton.  an  island  ir>  or  2o  miles  south  of  Atton; 
an  appreciable  distance  on  the  return  to  Victoria.  Then, 
according  to  the  log,  the  master,  making  for  water  and 
fuel,  turns,  bis  course  com|»ietely  round,  viz.,  westward, 
in  ci>nse(jiuMKe  of  which  maiueuvre,  about  1(>  p  m.  Ag- 
guttou  Island  is  stated  in  the  log  to  be  abeam;  and  they 
double  the  west  end  of  Attoii  Island  the  following  morn- 
ing, the  :5()tb.  Soc()ini)letely  does  the  log  contradict  the 
master's  statement  that  he  could  not  make  the  south  side 
of  Atton  Island  for  the  wind,  whereas  be  had  just  come 
30  from  the  south  side.  Of  couise,  it  may  be  that  there  is  no 
convenient  watering  place  either  on  Aguttou  or  on  the 
south  side  of  Att.m;  but  that  is  not  what  the  master  says 
was  his  reason  for  making  Gotzleb  Harbour. 

"  The  master's  evidence  is  also  contradicted  as  to  the 
state  of  the  weather  (m  Gotzleb  Harbor.  The  log  alleges 
the  wind  to  be  stormy  northerly;  cloudy  and  lainy;  the 
master  describes  the  >vay  as  an  ojien  roadstead  facing  due 
north,  but  that  he  was  protected  ;igainst  the  heavj-  sv,'ell 
-  "  rough,  stormy,  with  a  heavy  sea," — by  a  ireslerhj 
40 bluff,  which  could  hardly  .irotect  him  from  the  north. 
The  log  says  nothing  of  this.  Commander  Johnson's  evi- 
dence contradicts  it;  and  the  state  of  the  weather  on  this 
lee  shore  did  not  prevent  the  schooner  taking  on  boaid 
1500  gallons  of  water  in  two  or  tbree  boms  when  he  once 
commenced  operations.  Captain  Turtle's  evidence  (in 
itself  not  very  probable)  as  to  the  statements  of  Com- 
mander Johnson,  immediately  after  the  capture,  concern- 
ing the  steamer's  previous  movements,  of  which  the  Com- 
mander could,  of  course,  absolutely  know  nothing,  is 
50  completely  contradicted  by  the  Commander  himself.  Js'or 
does  Captain  Turtle  fail  to  contradict  himself  apparently. 
'  Gotzleb  is  the  harbour  I  know  '  (p.  -1).  '  I  did  not  want 
to  go  into  Tschitschogoff  Harbour  but  Gotzleb  (p.  .S).  But 
at  p.  11  he  has  forgotten  bis  prefeience,  and  says  he  went 
into  Gotzleb  as  the  only  one  he  could  make  with  safety. 
By  his  evidence  also  on  the  same  p.  11,  Captain  Turtle 
appears  never  to  have  been  in  Behring's  Sea  in  his  life,  ex- 
cept on  this  unfortunate  occasion.  How  did  he  know  these 
two  harbours  so  well  as  to  distinguish  between  their  char- 
Co  acters?  He  says  he  had  no  chart  except  the  general  chart 
of  Behring's  Sea,  on  a  scale,  I  suppose,  of  some  40  miles 
to  the  inch;  and  his  deposition  leads  one  to  suppose  that 
he  had  no  other  sources  of  information;  and  (p.  11)  he 
had  never  l)een  on  a  sealing  voyage  before.  How  then 
did  he  know?    This  seems  to  have  struck  even  himself  a 


2+5 


^l^i 


(Exhibit  No.  s.").) 

little,  for  when  asked  why  he  went  into  that  particular 
harbour,  he  says  in  the  same  page,  after  giving  a  very  bad 
account  of  the  weather:  *  It  was  the  only  harbour  I  could 
make  out  that  I  thought  it  safe  to  go  into.'  And  this 
witness  is  very  cautious  about  bis  statements,  for  at  p. 
13,  he  for  long  declines  to  commit  himself  to  the  state- 
ment that  Aleutian  Islands  are  tlie  south  boundary  of 
loBehring  Sea,  though  he  was  warned  by  the  United  States 
steamship  "  Adamt*,"  and  furnished  with  copy  Proclama- 
tion, Act  of  Parliament,  and  Order- in-Council.  Clearly 
none  of  these  statements  by  Capt  Turtle  can  be  relied 
on  for  rebutting  the  statuttiry  inference  which  I  am  com- 
manded to  draw  from  the  equipment  of  the  schooner. 

"Then  I  was  referred  to  the  log,  and  ceitainly  the 
entries  there  show,  if  they  can  be  relied  on,  that  the 
'  Oscar  and  Hattie '  did  not  during  the  month  of  August 
enter  on  the  forbidden  limits,  except  with  an  innocent 
20  purpose.  But  upon  the  log.  as  produced,  there  ai'e  many 
remarks  to  be  made.  In  the  first  place  1  apprehend  that 
in  these  proceedings  the  statements  in  the  log,  like  the 
entries  in  a  nieicliant's  ledger  or  day  books,  may  be  evi- 
dence against  the  owners  but  not  for  them.  In  the  next 
place,  on  examining  the  band  writing,  the  whole  appears 
to  have  been  written  by  Peters,  the  mate,  as  it  professes 
to  be,  certainly,  I  think,  by  a  German;  and  the  last  entry 
states  their  arrival  at  Ounalaska  on  the  5tli  of  September. 
The  original  log  book  ought  surely  to  have  lieen  taken 
30  into  the  possession  of  the  captors  when  the  schooner  her- 
self was  seized,  and  carefully  retained  by  them.  Then 
the  entries  would  have  been  beyond  suspicion,  and  would, 
perhaps,  have  contained  much  information  which  is  now 
wanting. 

"  1  do  not  quite  understand  how  the  log  book  has  been 
treated  since  August  31.     At  p.  5  the  master  says  it  was 
seized  by  Ensign  Harrison  on  August  31st;  but  it  nnist 
have  been  returned  immediately,  for   Peters,  the  mate, 
continues  to  make  entries  up  to  the  arrival,  on  Septem- 
40  ber  5th,  at  Ounalaska.     The  master's  statement  is  either 
untrue  or  disingenuous  in  not  stating  this  clearly;  if  he 
and  Peters  had  contemplated  the  construction  of  a  fictitious 
log,  they  had  most  ample   opportunity.     And    the   pro- 
duction of  a  log  book  of  this  character,  under  the  circum- 
stances, merely  adds  to  the  suspicious  nature  of  the  whole 
case  for  the  defence.     But  the  curious  thing  about  this 
log  book  is  that,  although  it  is  called  on  the  title  page, 
'Log  of  the  Schooner  Oscar  and   Hattie  on  a  voyage 
from  Victoria  to  the  North  Pacific'  a  title  which  is  re- 
SOpeatedat  the  head  of  each  page  up  to  the  26th  or  27th  of 
August,  and  although  we  are  told  that  the  schooner  first 
left  Victoria  on  the  28th  of  January,   and  received  her 
present  master  and  sailed  from  Yaquina  on  the  18th  of 
February,  the  log  produced  connnences  on  the  30th  of 
July  at  some  point  off  Copper  Island.     There  are  six 
months  unaccounted  for,  and  this  is  the  only  log  book 
referred  to  or  mentioned  in   argument.     Under  the  cir- 
cumstances   it    seems    very   doubtful    whether    Captain 
Turtle's  statement  in  his  deposition  or  the  mate's  in  the 
^log  as  to  the  transactions  in  August  is  the  less  entitled 
to  credit.     But  even  if  one  of  them  be  exactly  true,  I  do 
not  see  how  it  proves  more  than  this,  that  during  one 
month  out  of  the  seven,  from  the  20th  January  to  the 
30th  August,  the  schooner  did  not  contravene  the  Act. 
Neither  the  log  nor  Captain  Turtle  speak  of  the  other 


i 


Iter 


24« 

(Exhibit  No.  «5.) 

six  months.  There  is,  therefore,  no  rebutting  evidence 
at  all  except  Captain  Turtle's  wide  declaration 
that  except  on  the  30th  August,  he  never  '  lowered  a  boat ' 
in  Behring  Sea.  This  does  not  even  amount  to  a  point 
blank  denial  that  the  ship  was  employed  in  hunting  in 
contravention  of  the  Act.  And  for  the  reasons  above 
given,  the  case  being  otherwise  full  of  suspicion— no  log 

lo book  for  June  or  July,  no  tender  of  Peters  for  examina- 
tion, no  explanation  of  the  direct  contradiction  between 
the  log  and  the  master's  statements  in  examination,  I  do 
not  think  this  sufficient  to  rebut  the  statutory  presump- 
tion, though  if  these  proceedings  had  been  against  indi- 
viduals, a  jury  might  have  hesitated  ia  favorem  libertatis 
to  find  them  guilty  of  a  misdemeanour.  I  therefore  de- 
clare for  the  condemnation  of  the  schooner,  tackle  and 
cargo  under  the  Act.  Any  application  respecting  the  fund 
in  Court  or  other  fruits  of  the  capture  may  be  made  to  me 

20 in  Clu.mbers.  1  suppose  the  successful  captors  do  not 
apply  for  the  costs.  If  they  do  I  must  award  them  against 
the  owners. 

"If  I  am  wrong  in  my  construction  of  the  inference  to 
be  drawn  under  section  5,  there  is  now  a  cheap  and  ready 
appeal  Court  at  Ottawa;  it  is  no  longer  necessary  to  have 
recourse  to  the  costly  and  tardy  appeal  to  the  Privy  Coun- 
cil." 

Order  for  Judgment  -Thursday,  .'irn  Day  op  January, 

isya. 

30  The  Judge  having  heard  Mr.  C.  E.  Pooley,  Q.  C,  of 
Counsel  for  the  Crown,  and  Mr.  D.  M.  Eberts,  Q.  C,  of 
Counsel  for  the  ship  "Oscar  and  Hattie,"  and  the  owners 
thereof,  and  upon  reading  the  pleadings  herein,  and  upon 
hearing  the  evidence  of  Henry  S.  Johnson,  Commander 
of  the  United  States  ship  "  Mohican."'  and  of  William 
Kelly  Harrison,  an  officer  of  the  said  ship  "  Mohican," 
and  of  A.  R.  Milne,  the  Collector  of  Customs  at  the  Port 
of  Victoria,  and  the  evidence  of  Joseph  Brown,  and  upon 
reading  the  evidence  of  Thomas  Turtle,  master  of  said 

40  ship  "  Oscar  and  Hattie,''  taken  .)efore  the  Registrar  of  the 
Court  under  and  by  virtue  of  an  order  of  this  Court  made 
in  this  action,  and  the  Exhibits  produced,  marked  "A," 
"B,"  "C'and  "D,"  viz.: 
("  A.")  The  Log  Book  of  the  "  Oscar  and  Hattie." 
("B.")  The  chart  of  Behring's  Sea. 
("C")  The  copy  of  the  Register  of  the  ship  "  Oscar  and 
Hattie." 

("D.")  And  the  Order  in  Council  passed  by  the  Court 
at  Windsor,    !>th  May,    18!t2,   condemned  the  said  ship 

50  "  Oscar  and  Hattie  "  and  her  equipment  and  everything 
on  board  thereof  as  forfeited  to  Her  Majesty  for  contia- 
vention  of  the  Act  known  as  the  "Seal Fishery  (Behring's 
Sea)  Act,  ls»l  ;"  and  further  that  the  costs  of  this  action 
be  i)aid  by  the  owners  of  the  said  ship  "Oscar  and  Hat- 
tie "  to  Her  Majesty. 

MATT.  B.  BEGBIE,  L,  J.  A. 

Order  for  Further  Time  to  Appeal. 

The  3rd  day  of  Febmary,  1893. 
qq     Jpon  hearing  the  solicitors  on  both  sides,  it  is  ordered 
that  the  said  defendants  do  have  thirty  days  further  time 
within  which  to  appeal  from   the  judgment  pronounced 
herein  on  the  5th  day  of  January,  1893. 

MATT.  B.  BEGBIE,  L.  J.  A. 


247 


(Exhibit  No.  H5.) 

Notice  of  Appeal  to  Supremr  Court  of  Canada. 
Take  notice  that  the  above  named  appellant  is  dissatis- 
fied with  the  judgment  delivered  on  the  5th  day  of  Janu- 
ary, 1893,  by  his  Lordship  Chief  Jiistit^e  Begbie,  and  that 
an  appeal  will  be  had  to  the  Supreme  Court  of  Canada  at 
its  next  sittings  to  be  held  on  the  21st  instant. 
Dated  this  Hrd  day  of  February,  181(3. 
10     Mclntyre.  Code  &  Orde,  agents  for  Messrs.  Eberts  &, 
Taylor,  Solicitors  for  Appellant. 

Certificate  of  Payment  in  of  Security  for  Costs. 
I  knowledge  to  having  received  from  Me.ssrs.  Mclntyre, 
Code  &  Orde  the  bum  of  Fifty  Dollars  Security  for  Costs 
in  this  appeal  from  the  Exchequer  Court  as  provided  by 
the  rules  in  that  behalf. 
Dated  this  3rd  day  of  February,  1H!>3. 

"ROBERT'CASSELS." 
2Q  Registrar. 

Notice  of  Setting  Down  Appeal. 
Take  notice  that  we  have  this  day  set  down  this  Appeal 
for  hearing  at  the  next  Session  of  this  Court,  to  be  held  in 
the  City  of  Ottawa  on  Tuesday,  the  21st  day  of  February, 
A.  D.,'18'.»3. 
Dated  this  3rd  day  of  February,  1893. 

McINTYRE.  code  &  ORDE, 
Agents  for  Messrs.  Ebert's  &  Taylor, 
Solicitors  for  Appellant. 
30     To  O'Connor,  Hogg  &  Balderson, 

Agents  for  Solicitors  for  Respondent. 

IN  THE  EXCHEQUER  COURT  OF  CANADA  BRITISH 
COLUMBIA  ADMIRALTY  DISTRICT. 
Between 

Her  Majesty  the  Queen, 

Plaintiff, 
and 
The  Ship  "Oscar  and  Huttie,"  her  equipment  and  every- 
40  thing  on  l)oard  of  her,  and  the  proceeds  thereof, 

Defendants. 
Action    for    Condemnation. 
The  Sth  (lay  of  April,  1893. 
Before  the  Honourable  Sir  Matthew  Baillie  Begbie, 

I  ocal  Judge  in  Admiralty. 
Upon  the  application  of  the  Defendants!  Appellants) and 
upon  hearing  Mr.  D.  M.  Ebeits,  Q.  C.  of  Counsel  for  tiie 
Applicants  and  Mr.  C.  E.  Pooley,  Q.  C,  of  Counsel  for 
the  Defendant  (Respondent),  and  upon  hearing  what  was 
50  alleged  by  Counsel  aforesaid  I  do  order  that  the  Log 
Book  and  all  other  exhibits  in  this  case  which  were  put  in 
upon  the  trial  of  this  action  be  forwarded  to  the  Registrar 
of  the  Supreme  Court  of  Canada  at  Ottawa  and  form  part 
of  the  Case  on  Appeal  herein.  And  I  do  further  order, 
that  the  said  printed  case  on  appeal  do  consist  of  the 
following: 

Short  Statement  of  Case. 
Order  for  Pleadings. 
Pleadings:-  Petition.  Answer,  Reply. 
60  Order  for  Examination  of  Thomas  Turtle. 

Transcript  of  Examination  of  Thomas  Turtle. 
Transcript  of  Evidence  Taken  at  Trial.        .5J 
Reasons  lor  Judgment  of  Begbie,  L.  J.^A.] 
Order  for  Judgment. 
Order  for  Further  Time  to  Appeal. 


248 


10 


(Exiuoit  No.  H5.)   . 

Notice  of  Appeal  to  Supreme  Court  of  Canada. 
Certificate  of  Payment  in  of  Security  for  Costs. 
Notice  of  Setting  Down  of  Appeal. 
Order  Setting  Case  on  Appeal. 

MATH.  B.  BEGBIE,  L.  J.  A. 

"B." 
IN  THE  SUPREME  COURT  OF  CANADA. 
Tuesday,  the  twentieth  day  of  February,  A.  D.  IHiH. 
Preserit— The  Honourable  Sir  Hknky  Strong,  Knight, 

Chief  Justice. 
••  "  Mr.  Justice  Foukniek, 

"  "  Mr.  Justice  Taschereau, 

"  "  Mr.  Justice  GwYNNE, 

"  "  Mr.  Justice  Sedoewick, 

"  "  Mr.  Justice  KlNQ. 

Between 
20  The  Ship  "  O.scar  &  Hattie,"  her  equipment  and  everything 
on  boaid  of  her  and  the  proceeds  thereof, 

(Defendant)  Appellant, 
And 
Her  Majesty  The  yueen, 

(Plaintiff)  Respondent. 
The  appeal  of  the  above  named  appellant  from  the  judg- 
ment of  the  Local  Judge  in  Admiralty  of  the  Exchequer 
Court  of  Canada  in  and  for  the  Admiralty  District  of  Brit- 
ish Columbia,  pronounced  in  the  above  cause  on  the  fifth 
30 day  of  January  in  the  year  of  our  Loid  one  thousand 
eight  hundred  and  ninety-three,  having  come  on  for  hear- 
ing befoie  this  Court  on  the  twentieth  day  of  October,  in 
the  year  of  our  Lord  one  thou'sand  eight  hundred  and 
ninety- three,  in  the  presence  of  Counsel  as  well  for 
the  appellant  as  for  the  respondent,  whereupon  and 
upon  hearing  what  was  alleged  by  Counsel  aforesaid,  this 
Court  was  pleased  to  direct  that  the  said  appeal  should 
stand  over  for  judgment,  and  the  same  coming  on  this  day 
for  judgment,  this  Court  did  order  and  adjudge  that  the 
40  said  appeal  should  be  and  the  samo  was  allowed  and  that 
the  said  judgment  of  the  Local  Judge  in  Admiralty  of  the 
Exchequer  Court  of  Canada  in  and  tor  the  Admiralty  l^is- 
trict  of  British  Columbia  should  be  and  the  same  was  set 
aside  and  reversed,  and  that  the  action  of  the  (plaintiff) 
respondent,  for  the  condenmtttion  of  the  said  Ship  *'  Oscar 
&  Hattie  "  and  her  equipment  and  everything  on  board  of 
her  and  the  i)roceed'i  thereof  should  be  and  trie  same  was 
dismissed. 
And  this  Court  did  further  order  and  adjudge  that  the 
50  said  Ship  "  Oscar  &  Hattie  "  andherequipujentand  every- 
thing on  board  of  her  be  restored  to  the  owners  thereof, 
or,  in  the  event  of  the  said  Ship  "  Oscar  &  Hattie,"  her 
equipment  and  everything  on  board  of  her  or  any  part 
thereof  having  been  sold  by  the  said  respondent  either  be- 
fore or  in  pursuanc*  -  f  the  said  judgment  of  the  said  Local 
Judge  in  Admiral!  \  >f  the  Exchequer  Court  of  Canada, 
that  the  aniounl.^  reahzed  upon  any  such  sale  or  sales  be 
forthwith  paid  to  the  owners  of  the  said  Ship  ''Oscar  & 
Hattie  "  with  all  interest  (if  any)  accrued  thereon. 
60  As  this  Court  did  further  order  and  adjudge  that  the 
owners  of  the  said  Ship  "  O.scar  &  Hattie  "  are  entitled  to 
recover  from  the  said  respondent  their  costs  incurred  in  the 
said  cause  as  well  in  the  said  Exchequer  Court  of  Canada 
as  in  this  Court. 


24)» 

(Exhibit  No.  sft.  > 

And  this  Court  did  further  nrdt'P  and  adjudge  that  the 
sum  of  fifty  dollars  paid  into  this  Court  on  behalf  of  the 
said  appellant  as  security  for  the  costs  of  the  said  appeal 
he  forthwith  paid  out  to  the  owners  of  the  said  Ship 
"  Oscar  «&  Hattie,"  or  to  the  person  or  persons  duly  author- 
ized bv  them  to  receive  the  said  smn. 


10 


1893. 


't'ct.  -^x. 


1894. 
♦  Feb.  20. 


20 


40 


w 


6o 


'•C." 
The  Ship  "Oscar  and  Hattie" 

(Defendant),  Appellant, 
and 
Her  Majesty  the  Queen 

(Plaintiff),  Respondent. 
On  Api'kal  khom  thk  Admikality  District  ok  Bkitism 

Columbia. 

ft4  (ti  ^^   I'lV/.  [Imit.)  c.  I'j  .SVC.  1.  Hiifwi'.  li —  I'renftn-e  of  n  lii-ilitih  ship  ei/tiip/xi/  for 

srnlhttf  it!  nehritifj  Sra^tfiiux  pruhatidi     Lawfal  iultiiHou, 
On    Sntli    AuKiHl,    181tl,    the   sliip    "  Uavur  iiiul  llatlic"  «  fully  ('qui|>|ii'<l  st-nloi' 

WII9  Hcizod  ill  (totzleb   ilHrliuiir  in   lii'liiiiii;  Svn  wliile  tnliiii^r  in  a  »ii|i|ily  of 

WllllT. 

Ilelil,  «ffiriiiiiii;  the  judunieiit  of  tli»  court  below,  ihiit  when  a  Bi'llisli  «lii|i  is  found 
in  the  prohibited  waters  of  liehrin);  Si'n,  the  biirtljcn  of  proof  \»  ii|>on  lli« 
owner  or  innster  to  rebut  by  po.titive  evidencu  that  the  veeael  ia  not  theru 
used  or  employed  in  contravention  of  the  Seal  thhery  (liehriiig'n  Nra)  Arl. 
18iM.  B4  &  65  Vie.  (Imp.)  e.  in,  pee.  1,  iubsic.  .1. 

Held,  also,  reversinj;  the  jud^'inent  of  the  court  below,  that  there  was  positive  and 
clear  evidence  that  the  "  Oscar  and  Hattie  "  was  not  used  or  employed  at  the 
time  of  her  seizure  in  cuntiavention  of  64  <fc  56  Vic  ,  c.  lU,  sec.  I,  euliaec.  6. 

Ai'PKAL  from  the  Exchequer  Court  of  Canada  (Admiralty 
District  of  British  Columbia)  (1). 

This  was  an  action  in  rein  t'oi  the  condemnation  of  a 
ship  for  a  contravention  of  The  Seal  Fishery  (Behriivjs 
Sea)  Alt,  18!tl  (2). 

The  judmnent  appealed  from  was  delivei'ed  by  Sir  Mat- 
thew B.  Beghie  C.  J.,  Local  Judge  in  Adnnralty  for  the 
District  of  British  Columbia. 

The  ship  "  Oscar  and  Huttie,"  Thomas  Turtle,  Master, 
a  British  ship  registered  at  the  Port  of  Victoria,  sailed 
from  Yaquina  Bay,  in  the  State  of  Oregon,  the  latter  end 
of  February,  1892,  for  the  North  Pacifi  ,•  Ocean  on  a  seal- 
ing and  fishing  voyage. 

In  continuance  of  the  object  of  the  voyage  the  ship  con- 
tinued sealing  and  fishing  in  the  North  Pacific  Ocean  up  to 
and  until  the  latter  end  of  August,  when  being  short  of 
water  and  prepared  to  give  up  sealing  for  the  season,  tiie 
ship  put  about  with  the  object  of  returning  to  the  Port  of 
Victoria,  British  Columbia. 

Owing  to  the  shortness  of  water  on  board  the  ship  it  was 
found  necessary  by  the  captain  to  put  into  Gotzleb  Hiu- 
bour,  in  Attou  Island,  the  western  island  of  the  Aleutian 
group.  While  engaged  there  in  l?iying  in  a  supply  of 
water  the  ship  was  boarded  and  seized  by  an  officei',  en- 
sign Harrison,  and  crew  from  the  United  States  man-of- 
war  "  Mohican."  The  seizure  occurred  on  the  30th  day 
of  August,  in  the  evening,  about  5  o'clock.  Ensign  Har- 
rison of  the  "  Mohican  "  overhauled  all  the  papers  of  the 
"Oscar  and  Hattie"  and  took  possession  of  the  ship's  offi- 
cial log  hook  and  the  ship's  log.      The  seizing  officer  and 


•  Prisknt  . -Sir   Henry    Strong,  C.J. 
Sed^ewick  and  King  J.I. 

(1)  8  Ex.  C.  R.  241. 

(2)  See.  I,  eubiec.  6  enacts  that.  II 
a  liritish  ship  is  found  within  Behring'g 
Sea  having  on  board  thereof  fishing  ur 
Nhooting   implements  or  seal   skins  or 


and   Fournier,    Taschereau,   Owynne, 

bodies  of  seals,  it  shall  lie  on  the  owner 
or  master  of  such  ship  to  prove  that  the 
ship  was  not  used  or  employed  in  con- 
travention of  this  act. 


ano 


(Exliil)it  No.  85.) 

crew  remained  in  ch.irgo  of  tlio  "  Oscar  and  Hattie  "  until 
tlit>  ovening  of  tlie  firht  day  of  S«pteuiber.  Thv  master  of 
the  "Oscar  and  Hattie"  in  the  interim  visited  the  Com- 
mander of  the  "  Mohican  "  on  hoard  the  "  Mohican  "  and 
|)n)te8ted  against  the  seizure. 

No  written  con)ninnication  jiassed  from  the  oflficers  of 
the    "Mohican"   or  any  of  flieni   to  tlie  master  of    the 
lo"  Oscar  and   Hattie"  of  tiie  reasons  for  tlie  sj'izure,  hut 
various  conversations  occurred   between  them  witli  refer 
ence  to  the  same  wliich  will  he  referred  to  hereafter. 

On  the  afternoon  of  the  ist  day  of  Septemher,  in  pursu- 
ance of  ordeis  icceived  fron>  the  Conunander  of  the 
"  Mohican"  and  with  an  officer  and  prize  crew  on  board 
from  the  "  Mohican,"  tiie  master  of  the  "O.scar  and  Hat- 
tie "  navigated  hcv  to  the  Port  of  Onnalaska.  in  the  Terri- 
tory of  Alaska.  Ariivingat  Onnalaska  the  "  O.scar  and 
Hattie  "  was  taken  in  charge  by  the  United  States  man- 
20  of  war  "  Yorktouii,"  who  in  tuin  banded  over  the  "Oscar 
and  Hattie"  to  the  officers  of  Her  Majesty's  Ship  "Mel- 
pomene" some  nine  or  ten  days  i\(U)v  the  ai  rival  of  the 
"Oscar  and  Haltie  "  at  Onnalaska. 

At  tlie  end  of  such  period  in  pursuance  of  instructions 
or  orders  received  from  Captain  I'arr,  the  officer  in  com- 
mand of  H.  M.  S.  "Melpomene,"  the  master  of  the 
"Oscar  and  Hattie"  proceeded  fruni  Onnalaska  to  Vic- 
toria, and  leporteil  to  the  Collector  of  Customs  at  the 
Port  of  Victoria,  and  the  ship  was  left  in  charge  of  the 
30  Collector  of  Customs. 

Sub.sequently  an  action  for  condemnation  of  the  sbip 
"Oscar  and  Hattie"  her  ecpiipment  and  everything  on 
board  of  her,  was  instituted  against  the  ship  for  contra- 
vention of  the  act  known  as  the  "  Seal  Finhery  (}ielnhi<j\s 
Sea)  Art,  IH'.M,"  the  writ  in  such  action  being  issued  on 
the  22nd  day  of  October,  ls!»2,  and  it  was  alleged  in  the 
petition  in  supitort  of  such  action: 

"  That  the  sbijt  *  Oscar  and  Hattie'  was  seized  by  an 
otficer  of  the  '  Mohican  '  on  the  IJlst  day  of  August,  lH!t2, 
40 at  Gotzleb  Harbor,  .\ttou  Island,  being  a  ])lace  within  the 
prohibited  wateis  of  Behring's  Sea  as  defined  by  an  Ordei 
m  Council  dated  the  !»th  day  of  October,  lx\*'J,  made  by 
Her  Majesty  the  Queen  in  pursuance  of  an  act  of  the  Im- 
perial Parliament,  intituled  the  Seal  Finhery  (Behring's 
Sea)  Act,  IsiM." 

"  That  the  said  shi])  sailed  from  Victoria  on  the  2Gth 
day  of  January,  is'.t^,  fully  maimed  and  equipped  for  the 
purpose  of  seal-tishing,  bunting,  killing  and  taking  seals.'' 

"That  the  master  of  the  '  Oscar  and  Hattie  '  was  on  the 
50  17tb  day  of  June,  ls!»2.  duly  warned  by  an  officer  of  the 
L'nited  States  ship  '  Adams '  not  to  enter  the  waters  of 
Behring's  Sea  for  the  purpose  of  sealing,  and  at  the  same 
time  bad  delivered  in  him  from  the  said  office-  a  copy  of 
the  Proclamation  of  the  President  of  the  United  States,  and 
a  cojiy  of  tbt>  Convention  between  Great  Britain  and  the 
United  States  and  a  copv  of  the  Seal  Fishery  iBeltrimjs 
Sea  Act),  IHiU.'' 

"Th.ittbe  'Oscai'  and  Hattie'  was  at  the  time  of  the 
seizure  as  alleged,  namely,  on  tbe  8Ist  day  of  August, 
60  J8{t5i,  fully  manned  and  ecjuipped  for  sealing  purposes,  and 
was  used  and  employed  in  killing,  bunting,  taking  or 
attempting  to  kill  and  take  seals  within  the  jnohibited 
waters  of  Behring's  Sea."^ 

In  answer  to  the  allegations  in  the  petition  the  defendant, 
the  owner  of  the  "Oscar  and  Hattie," admitted  practically 


251 


(Exliibit  No.  M').) 

the  whole  of  the  nllegatioiiH  except  so  far  as  related  to  the 
purpose  for  which  the  shi|)  wan  in  BehriiiK's  Uea,  and 
alleged  that  said  ship  was  in  (iotzleh  HiiiT)our,  Attou 
Isliind,  where  she  was  seized,  hoIcIv  for  the  purpose  of  ob- 
taining a  supply  of  water  and  provisions  in  order  to  enable 
her  to  return  to  Victoria,  and  not  for  the  purposes  of  seal- 
ing or  attempting  to  .seal  as  allegetl  or  otiierwise,  and  thu 
io.said  ship  was  never  in  ])rohiltit»'d  waters  for  the  purposes 
alleged  or  otherwise,  and  tha'  i\w  said  ship  put  into  the 
said  harbour  being  at  the  time  ii:  distress  and  for 
the  purpose  of  relieving  such  distress,  and  was  not  in  such 
waters  for  the  jturpose  prohibited  by  tiie  Order  in  Council, 
Prohibitions  and  Conventions.  W  hereupon  issue  was 
joined  and  the  trial  of  the  issue  iiati  on  Thursday  the  27th 
day  of  .January,  ls!»*i.  and  judgment  was  delivered  on  the 
.Mb  day  of  January,  is(»:{,  condenuiing  tlie  shi|>  "Oscar 
and  Hattie  "  and  her  e(|uipment  and  everything  on  board 
20of  her  as  forfeited  to  Her  Majesty  in  contravention  of  the 
act  known  as  the  "Seal  Fishery  (Behring's  Sea)  Act, 
lHi»l."aiid  the  owners  of  the  "  Oscai'  and  Hattie"  were 
condemned  in  costs. 

The  evidence  taken  at  the  trial  on  these  issues  is  re- 
viewed in  the  jvidgment  of  the  court  below  1 1 1,  and  in  the 
judgments  hereinafter  given 

I/Aliim  McCarlhij  Q.  C.  and  D.  M.  Ebeits  for  the  ap- 

I)ellants  contended  upon  the  evidence  that  the  "  Oscar  and 

Hattie"  was  not  in  Behring's  Sea  at  any  time  during  the 

30  season  of  I8U2  for  any  prohibited  purpose,  and  referred  to 

Walker  v.  Baird  (2). 

//of/f/  Q.  C.  for  the  lespondent  contended  that  the  onus 
was  upon  the  appellant  to  show  by  clear  evidence  that  the 
"  Oscar  and  Hattie  "  was  not  in  Behring's  Sea  and  that 
the  finding  of  fact  of  Chief  Justice  Sir  M.  Begi)ie  upon  the 
evidence  should  not  be  disturbed. 

The  Chikk  Justice:— This  is  an  appeal  from  the  judg- 
ment of  the  Chief  Justice  of  British  Columbia,  sitting  as 
local  judge  in  Admiralty  for  the  British  Columbia  Admir- 
40alty  District,  pronounced  in  a  proceeding /»  yv'Hi  against 
the  ship  "Oscar  and  Hattie,"  whereby  that  ship  and  her 
equijjment  and  everything  on  board  her  were  condemned 
as  forfeited  to  Her  Majesty  for  contravention  of  the  act 
known  as  the  Seal  Fishery  (Behring's  Sea)  Act,  ls*>i. 

The  "  Oscar  and  Hattie,"  a  British  ship  registered  at 
port  of  Victoria  and  commanded  by  Thomas  Turtle,  the 
sailed  from  Yaquina  Bay  in  the  State  of  Oregcm,  on  the 
IHth  February,  JS!i2,  on  a  sealing  and  fishing  voyage  in 
the  North  Pacific  Ocean  fully  equipped  for  that  purpose. 
50  The  ship  continued  sealing  i^as  the  owners  allege)  in  the 
North  Pacific  Ocean  and  outside  the  limits  of  Beliring  Sea 
until  the  latter  end  of  August,  lX!t2,  when,  being  short  of 
water  and  prepaiod  to  give  ui)  sealing  for  the  season,  the 
master  j)ut  the  ship  about  with  the  intention  of  retmiiing 
to  Victoria.  Instead  of  sailing  directly  for  Victoria,  how- 
ever, he  put  into  Gotzleb  Harbour,  in  Attou  Island,  the 
western  island  of  the  Aleutian  group.  This  harbour  is  on 
the  north  side  of  the  island  andl)eyond  all  question  within 
the  limits  of  Behring's  Sea.  The  master  states  that  his 
60  sole  purpose  in  going  into  this  harbour  was  to  procure  a 
supply  of  water  of  which  he  was  short,  and  he  allege:^ 
that  he  was  actually  engaged  in  getting  water  when  his 

(1)  8  Ex.  C.  R.  242. 

(2)  11892J  A.  C.i'n. 


' 

4 


'S  ' 
'I 

■I    '■ 

if 

M 


252 

(Exhibit  No.  85.) 

ship  was  boarded  and  seized  by  an  officer  iEnsigii  Harri- 
son) and  a  boat's  crew  from  the  United  States  ship 
"Mohican." 

This  seizure  was  made  about  5  o'clock  in  the  afternoon 
of  the  30th  August,  1892.  Ensign  Harrison  took  posses- 
sion of  the  ship's  papere.  including  the  "official  log-book 
and  the  ship's  log."    The  seizing  officer  and  crew  remained 

icon  board  the  "Oscar  and  Hattie"  until  the  afternoon  of 
the  1st  of  September.  The  master  of  the  "  Oscar  and 
Hattie"  in  the  interval  visited  the  commander  of  the 
"Mohican"  and  protested  against  the  seizure.  On  the 
afternoon  of  the  1st  of  September,  in  pursuance  of  the 
orders  of  Captain  Johnson  of  the  "  Mohican  "  the  "  Oscar 
and  Hattie"  sailed  for  Ounalaska  with  an  officer  and  prize 
crew  from  the  "  Mohican"  on  board.  On  her  arrival  at 
Ounalaska  the  ship  was  taken  in  charge  by  the  United 
States  ship-of-war  "  Yorktovvn."  by  whose  commanding 

2o  officer  shi'  was  siUisequently  handed  over  to  the  com- 
mander of  Her  Majesty's  ship  "Melpomene."  By  the 
orders  of  Captain  Parr  of  the  "Melpomene,"  the  master 
of  the  "  Oscar  and  Hattie"  proceeded  from  Ounalaska  to 
Victoria,  and  reported  to  the  Collector  of  Customs  at  that 
port,  to  whom  the  ship  was  then  delivered  up. 

Soon  afterwards  tiie  present  action  for  condemnation 
was  commenced,  it  being  contended  on  behalf  of  the 
Crown  that  the  ship  had  incurred  forfeiture  for  an  infrac- 
tion of  the  Bebring  Sea  Act,  18!U,  in  that  she  bad  been 

30  found  in  Behring's  Sea  within  prohibited  limits,  with 
shooting  implements  and  seal  skins  on  board.  The  master 
of  the  "  Oscar  and  Hattie,'"  Captain  Turtle,  was  examined 
on  behalf  of  the  claimants,  the  owners  of  the  ship;  his 
evidence;  was  not,  however,  taken  in  open  court,  but  be- 
fore an  examiner.  Captain  Johns<m  of  the  "  Mohican," 
and  Ensign  Harrison,  the  officer  who  made  the  original 
seizure,  were  called  as  witnesses  for  the  Crown  and  ex- 
amined before  tiie  Ciiief  Justice,  and  one  Joseph  Brown, 
who  had  been  on  board  the  ship  during  the  voyage  as  a 

40 hunter,  was  called  as  a  nitneswf<n'  the  claimants,  and  also 
examined  before  the  Chief  Justice  at  the  tiial.  The 
learned  Chief  Justice  after  taking  time  for  consideration 
pronounced  judgment  condemning  the  sliip,  her  equip- 
ment, and  everything  found  on  board  her  as  forfeited  to 
the  Crown.  From  that  judgment  tlie  present  appeal  has 
been  brought. 

Subsection  2  of  section  I  of  the  act  referred  to  is  as 
follows : 

(2.)  While  an  Order  in  Council  under  this  act  is  in  forci-. 
50      ("■)  A  perKon  belonging  to  k  lirilish   shi|>  shall   not  kill,  or   take,  or  hunt,  or 
attempt  to  kill  or  take,  any  seal  within  Behring's  Sea  ilurinj;   the  period  limited 
by  the  Ordrr;  and 

(6.)  A  British  ship  shall  not,  nor  shall  any  of  the  equipment  or  crew  thereof,  be 
used  or  employed  in  such  killing,  hunting,  or  attempt. 

Subsection  5  of  section  I  reads  as  follows: 

If  a  British  ship  is  found  within  Behring's  Sea  having  on  board  thereof  Hahing 
or  shooting  implements  or  seal  skins,  or  bodies  of  seals,  it  shall  lie  on  the  owner 
or  msster  of  such  shii>  to  prove  that  the  ship  was  not  used  ur  employed  in  con- 
travention of  this  act. 

By  an  order  of  her  Majesty  in  Council  passed  on  the 
CoOth  of  May,  1892,  under  and  pursuant  to  this  act,  the 
limits  of  Behring's  Sea  were  defined  and  the  catching  of 
sealo  by  British  ships  in  Behring's  Sea  was  prohibited. 
The  offence  charged  against  the  ship  was  therefore  that 
she  or  some  of  her  equipment  or  crew  had  been  employed 
in  killing,  taknig,  or  hunting  or  in  attempting  to  kill,  or 


253 


(Exhibit  No.  ,S5.) 

take  seals  within  Behi-ing's  Sea  as  defined  by  the  order  in 
council. 

Sufficient  prima  facie  proof  of  this  was  undoubtedly 
aflforded  by  the  fact  that  the  shi|)  was  founcJ  within  the 
boundaries  of  prohibited  waters,  with  shooting  imple- 
ments and  sealskins  on  board.  The  onus  was  tiius  cast  on 
the  owners  to  prove  that  tlie  ship  had  not  been  employed 

10  in  killing,  taking  or  hunting  seals  or  in  attempting  to  do 
so  within  Behring's  Sea. 

The  question  thus  becomes  purely  one  of  evidence. 
Have  the  claimants  by  their  proofs  displaced  the  pre- 
sumption arising  by  force  of  the  nth  subsection  of  sec.  1 
of  the  act  from  the  conditions  under  which  the  ship  was 
found  in  Behring's  Sea? 

The  burden  of  ])roof  being  thub  on  tlie  claimants,  the 
owners  of  the  ship,  it  was  for  them  to  rebut  the  statutory 
inferences  arising  from  the  circumstances,  and  if  they 

20 have  failed  in  doing  this  the  ship  was  properly  con- 
demned. Their  explanation  is  that  the  "  Oscar  and 
Hattie  "  entered  Behring's  Sea  for  tlie  purpose  of  getting 
a  supply  of  water,  of  which  she  was  short,  and  for  no 
other  purpose  whatever;  that  she  had  been  actually  en- 
gaged in  watering  by  means  of  her  boats,  immediately 
before  being  seized  by  the  boat  from  the  "  Mohican  ";  and 
that  no  seals  were  taken  by  her,  nor  by  any  of  her  equip- 
ment or  crew  within  Behrnig's  Sea;  nor  was  any  attenipt 
made  to  seal  within  the  prescribed  limits.     Further,  that 

30  the  seal  skins  on  board  had  been  taken  in  the  North 
Pacific  Ocean,  outside  of  Behring's  Sea  and  off  Cooper 
Island,  where  the  ship  had  been  sealing  during  her  whole 
cruise,  prior  to  sailing  on  her  return  voyage  to  Victoria. 
in  the  coarse  of  which  she  entered  Behring's  Sea  to  get 
water.  In  order  to  establish  this  case  the  claimants  called 
in  the  first  place,  Thomas  Turtle,  the  master  who  had 
.ommanded  the  ship  during  her  sailing  voyage.  Captain 
Turtle,  as  I  have  before  said,  was  not  examined  in  court, 
nor  in  the  presence  of  the  Chief  Justice  but  before  an  ex- 

4oaminer.  If  his  evidence  is  not  discredited  it  is,  in  my 
opinion,  amply  sufficient  to  exonerate  the  vessel  from  any 
charge  of  contravention  of  the  act  arising  from  the  legal 
presumption  imposed  by  the  statute.  The  witness  swears 
that  he  went  into  Beh'-iug's  Sea  for  the  solo  purpose  of 
getting  water,  turning  aside  for  that  purpose  from  liis 
true  course  on  his  return  voyage  to  Victoria.  He  also 
says  most  emphatically,  as  I  understand  his  deposition, 
that  he  did  not  take  or  attempt  to  take  any  seals  in 
Behring's  Sea;  that  he  was  actually  getting  water  on 

50 board  when  the  officer  on  the  "Mohican"  seized  the 
vessel;  he  also  states  with  sufficient  clearness  that 
the  seal  skins  he  had  on  board  had  been  taken  otf 
Copper  Island,  in  the  North  Pacific,  where  he  had  been 
prior  to  sailing  on  his  home  voyage;  and  he  deposes 
that  he  had  not  been  in  Behring's  Sea  during  his 
whole  voyage  until  he  entered  it  for  the  purpose  of 
getting  water  on  the  30th  of  August,  the  dr.y  before 
his  vessel  was  seized.  Captain  Turtle  candidly  admits 
that  during  the  early  part  of  the  voyage  he  bad  been 

60  warned  against  Behring's  Sea  by  the  United  States  ship 
"  Adams,"  for  when  he  sailed  from  Victoria  in  Jaiiuary, 
the  Order  in  Council  had  of  coui-se  not  been  passed,  and 
the  exclusion  from  Behring's  Sea  under  the  modus 
Vivendi  could  not  have  been  known  to  him  but  for  this 
notice.    He  gives  the  state  of  the  wind  and  weather  as  his 


m 


254 


!'■ 


(Exhibit  No.  85.) 

reason  for  making  the  North  coast  of  the  Island  instead  of 
the  South  side,  which  was  outside  Behring's  Sea.  The 
witness  further  says  that  he  saw  no  seals  near  Attou 
Island,  and  that  there  were  none  there.  This  evidence  by 
itself,  even  if  not  corroborated  by  other  evidence,  given  by 
a  witness  who  cannot  be  discredited,  by  reason  of  any 
peculiarity  of  his  demeanour  in  the  witness  box  since  he 

lowas  not  observed  under  examination  by  the  Chief  Justice 
any  more  than  by  ourselves,  would,  in  my  judgment,  be 
amply  sufficient  to  rebut  the  statutory  provision  and 
ensure  the  acquittal  of  the  vessel  unless  sufficiently  count- 
ervailed by  further  pioofs  on  tlie  part  of  the  crown.  But 
this  is  not  all.  Another  witness  is  called  by  the  claim- 
ants, Joseph  Brown,  who  had  been  on  board  the  ship  as  a 
hunter  during  the  wliole  voyage.  He  proves  sufficiently 
that  the  ship  had  been  engaged  in  scaling  off  Cooper 
Island  and  that  the  seal  skins  on   board   had    been   taken 

20  there;  that  she  had  been  sealing  there  inunediately  before 
she  sailed  on  her  return  voyage  in  the  course  of  which  she 
boie  up  for  Attou  Island  to  get  water;  that  she  did  take 
in  water  there;  that  she  was  not  engaged  in  sealing  while 
in  the  Attou  roadstead,  where  she  had  arrived  the  day  she 
was  seized.  The  Chief  Justice  puts  aside  this  witness  as 
having  been  immaterial  evidence;  but  granting  that  he 
knew  nothing  of  tlie  navigation  of  the  ship,  he  at  least 
shows  that  there  was  no  sealing  at  Attou;  that  the  ship 
went  in  there  for  water;  and  that  the  seal  skins  on  board 

30 had  been  taken  in  a  diffeient  part  of  the  North  Pacific 
from  which  the  ship  bad  sailed  some  days  before  reach- 
ing Attou;  all  of  which  is  most  material  as  confirmatory 
of  the  captain's  evidence.  The  Chief  Justice  does  not  say 
that  tills  witness  was  unworthy  of  credit,  but  merely  that 
his  t  videiice  was  not  material,  a  conclusion  in  which  I 
cannot  agree.  Then  to  rebut  this  testimony,  two  wit- 
nesses are  called  on  behalf  of  the  crown  both  of  them  no 
doubt  entitled  to  the  utmost  credit;  Captain  Johnson, 
Conmiander  of  the  United  States  Ship  "  Mohican  "  and 

40  Ensign  Harrison,  the  boarding  officer  who  seized  the 
"Oscar  and  Hattie."  Had  these  gentlemen,  or  either  of 
them,  contiadicted  the  testimony  of  the  master  in  any 
material  point,  it  miglit  have  discredited  him  entirely; 
but  so  far  from  miterial  contradiction  I  find  in  their  de- 
positions most  m^.terial  coiroboration  of  Captain  Tuitle's 
account.  They  show  thnt  there  were  no  seals  within  two 
hundred  miles  of  Attou  Island.  They  do  not,  either  of 
them,  even  suggest  that  there  was  any  circumstances 
leading  to  a  suspicion  that  the  "Oscar  and  Hattie"  was 

50 intended  to  go  further  into  Behring's  Sea  for  the  purfiose 
of  hunting  seals;  and  Ensign  Harrison,  at  least  rather 
confirms  tlie  captain's  story  about  water,  and  both  say 
that  he  accounted  for  his  whereabouts  in  Behring's  Sea 
by  attributing  it  to  the  failure  of  his  supply  of  water. 
I  am  therefore  unable  to  agree  with  the  learned  Chief 
Justice  in  his  conclusion  that  this  evidence  for  the  crown 
affects  the  claimants'  case  in  the  least  degree,  save  to 
confirm  it. 

Some  observations    were  made  by  the  Chief  Justice 

60  about  the  non-production  of  the  log  book  in  which  the 
entries  of  the  ship's  course  during  the  early  part  of  the 
voyage  were  supposed  to  be  contained,  but  the  claimants 
were  not  responsible  for  that;  the  log  book- together  with 
all  the  other  ship's  books  and  papers  were  seized  by  En- 
sign  Harrison  and   handed  over  to  Captain  Parr  of  the 


x.wu^  .^-o'p-"^  .  *-  "wrr^^ffT^^ 


L>55 


by 


(Exhibit  No.  85.) 

"  Melpomene  "  at  Ounalaskn.  It  was  for  the  crown  to 
have  produced  this  early  log  l)Ook,  or  to  have 
shown  that  no  such  document  could  be  found 
amongst  the  ship's  papers.  This  they  failed  to  do. 
No  inference  unfavourable  to  the  claimants  can 
therefore  be  drawn  from  this  circumstance.  The  learned 
Chief  Justice  thinks  tliat  tht-  entry  in  the  log  book  which 

lowas  produced,  an  entry  made  by  the  mate,  as  to  the  state 
of  the  wmd  when  the  ship  made  Attou  is  inconsistent  with 
the  captain's  account  Captain  Tnrtle  says  the  wind  was 
north-west:  the  mate's  entry  in  the  log-hook  alleges  it  to 
have  been  not  nortl)  hut  "northerly."  I  apprehend  that 
the  learned  Chief  Justice  was  under  the  impression  that 
the  record  of  the  mate  was  meant  to  indicate  that  the 
wind  was  due  "north  "but  it  does  no  such  thing.  The 
Chief  Justice  seems  also  to  have  drawn  an  inference 
unfavourable  to  the  claimants   fi'om   the  absence  of   the 

2oniate,  but  considering  the  very  reasonable  and  probable 
excuse  offered  for  his  non -production  l)y  the  learned 
counsel  for  the  claimants,  namely,  that  it  had  been  impos- 
sihle  to  find  him,  I  do  not  attach  any  weight  to  the  cir- 
cumstance. At  all  events  it  is  quite  insufficient  to  turn 
the  scale  against  tiie  claimants  in  wliose  favour  there  is 
such  a  groat  preponderance  of  testimony,  as  the  evidence 
shows.  The  claiiuants  bave  therefore  succeeded  in  prov- 
ing that  the  "Oscar  and  Hattie  "  was  not  used  or  em- 
ployed in  contravention  of  the  statute. 

30  The  apv'eal  nmst.  he  allowed  with  costs  and  the  action 
for  coudenmati(m  in  the  Admiralty  dismissed  with  costs. 
FouuNiER  J. -[Translated].  The  ship  "Oscar  and 
Hattie,"  a  British  ship  registered  at  the  Port  of  Victoria, 
sailed  from  Yaquina  Bay,  in  the  State  of  Oregon,  the  lat- 
ter end  of  February,  lsir:>,  for  the  North  Pacific  Ocean,  on 
a  sealing  and  fishing  voyage.  Towards  the  latter  end  of 
August  when  l)eing  short  of  water  the  master  decided  to 
give  up  sealing  and  the  ship  was  put  about  with  the  ob- 
ject of  returning  to  Victoria,  British  t'olunibia. 

40  In  order  to  lay  in  his  supply  of  water  Captain  Thomas 
Turtle,  who  was  the  master  of  the  ship,  found  it  necessary 
to  put  into  Gotzleh  Harbour,  in  Attou  Island,  the  western 
island  of  the  Aleutian  group.  While  engaged  there  in 
laying  in  a  supply  of  water  tlie  ship  was  boaided  and  seized 
by  an  officer.  Ensign  Harrison,  and  crew  from  the  United 
States  man-of-war  "  Mohican,"  in  the  afternoon  about  0 
o'clock  of  the  SOth  day  of  August. 

Ensign  Harrison  took  possession  of  the  ship  and  of  the 
ship's  official  log-book  and  ship's  log,  and  overhauled  all 

50  the  papers  and  kept  them  in  his  possession  until  the  even- 
ing of  the  1st  of  September.  In  the  interim  the  master  of 
the  "Oscar  and  Hattie"  visited  the  commander  of  the 
"Mohican"  on  board  the  "Mohican"  and  protested 
against  the  seizure.  Sevtial  conversations  took  place  be- 
tween them  at  the  time,  but  no  written  communication 
passed.  Later  on  in  pursuance  of  orders  received  from 
the  commander  of  the  "  Mohican"  the  "Oscar  and  Hat- 
tie "  with  an  officer  and  prize  crew  on  board  from  the 
"  Mohican  "  proceeded  to  Victoria  Har  hour  and  the  master 

60  reported  to  the  Collector  of  Customs,  and  the  ship  was 
left  in  charge  of  the  Collector  of  Customs. 

Then  an  action  for  condenmation  of  the  ship  "  Oscar 
and  Hattie,"  her  equipment  and  everything  on  board  of 
her,  was  instituted  for  having  sailed  into  Gotzleh  Harbour, 
Attou  Island,  being  a  place  within  the  prohibited  waters 


•2i'*> 


(Exhibit  No.  S5.) 

of  Behrins's  Sea,  as  defined  by  an  Order  in  Council,  dated 
tlie  9th  day  of  October,  1892,  made  by  Her  Majesty  the 
Queen  in  pursuance  of  an  Act  of  the  Imperial  Parhament 
intituled  the  Seal  Fishery  (Behring  Sea)  Act  1891. 

Ca|)tain  Tuitle  liad  been  warned  on  the  18th  June. 
1892.  by  an  officer  of  the  United  Siates  ship  "Adams" 
not  to  enter  tiie  water  of  Beli ring's  Sea  for  the  purpose  of 

lo  sealing.  This  officer  at  the  same  time  delivered  to  him  a 
copy  of  the  proclamation  of  the  President  of  the  United 
States  and  a  copy  of  the  convention  between  Great  Britain 
ii'id  the  United  States,  and  a  copy  of  the  "Seal  Fisliery 
t^Bobring's  Sea)  Act,  1891." 

In  ;mswer  to  the  action,  the  defendant  admitted  prac- 
tically the  whole  of  the  allegations,  except  so  far  as  they 
related  to  the  purpose  for  which  the  sbip  was  in  Behring's 
Sea.  and  to  the  contrary  alleged  that  his  ship  bad  entered 
into  (iotzleb  Harbour  solely  for  the  purpose  of  obtaining 

20a  supply  of  water  in  order  to  enable  her  to  return  to 
Victoiia,  and  not  for  the  purpose  of  sealing,  or  attempt- 
ing to  seal,  in  contravention  to  the  rules  and  regulations 
agreed  upon  between  the  two  goveinments  of  Great 
Britain  and  the  Uniteil  States. 

After  issue  joined  and  the  evidence  taken  at  the  trial,  a 
judgment  was  delivered  on  the  .5th  January,  1893,  con- 
demning the  said  ship  "  Oscar  andHattie,"  and  everytliing 
on  boaid  of  her.  as  forfeited  to  Her  Majesty  in  contraven- 
tion of  the  act  known   as  the   "Seal  Fishery   (Behring's 

3oSea)Act,  1891,"  and  the  owners  were  also  condemned  in 
costs. 

The  only  question  raised  on  this  appeal  is,  whether  the 
"  Oscar  and  Hattie,"  at  the  time  of  her  seizure,  was  being 
used  and  employed  in  hunting  seals  in  the  proliihited 
vvateis  of  the  Behriiig  Sea. 

On  Her  Majesty's  behalf  it  is  contended  that  under  Sec- 
tion ;■)  of  the  Seal  Fisheries  Act,  1891,  the  onus  prohcuidi  is 
upon  the  owner  or  master  of  the  ship  found  in  the  pio- 
hibited  waters  of  Behring  Sea  to  show  that  the  ship  was 

40notusedor  employed  in  contravention  of  the  act.  viz., 
"  was  not  used  or  employed  in  killing,  taking,  iuinting,  or 
attempting  to  kill,  take  or  hunt  seals." 

If  it  is  true  that  the  law  imposes  upon  the  owner  of  the 
ship  in  such  a  case,  the  obligation  to  rebut  the  presump- 
tion of  guilt  which  results  from  the  position  of  the  vessel 
at  the  time  of  the  seizure,  nevertheless  it  leaves  intact  the 
owner's  right  to  rebut  such  a  presumption  by  positive 
proof.  The  owners  of  the  "Oscar  and  Hattie,"  in  my 
opinion,  have  clearly  and  positively  proved  the  fact  that 

50  they  had  not  proceeded  into  the  prohibited  waters  in  view 
of  contravening  any  of  the  provisions  of  the  fishery  act. 
Captain  Turtle  stated  in  his  evidence  of  the  2nd  Decem- 
ber, 1892,  that  he  had  proceeded  to  Gotzleb  Harbour  for 
the  sole  purpose  of  renewing  his  supply  of  water  in  order 
to  return  to  Victoria  from  his  sealing  expedition  in  the 
Northern  Pacific.  When  he  arrived  at  Gotzleb,  the 
weather  was  stormy  and  there  was  a  heavy  sea.  He 
went  there  because  it  was  the  only  place  where  he  could 
go.     "  The  wind  was  very  strong  and   it  was  impossible 

6o  for  me  to  get  around  to  the  south  side  of  the  island."  Ar- 
riving about  seven  or  eight  o'clock  in  the  moining  he  went 
ashore  to  see  if  he  could  find  a  suitable  place  to  water  at, 
and  about  one  o'clock  began  to  fill  the  tanks,  and  about  .5 
o'clock  Ensign  Harrison  of  the  "Mohican"  seized  the 
vessel.     Harrison  does  not  in  any  way  contradict  Captain 


•2b7 


(Exhiliit  Ne.  s,-).) 

Turtle's  statement.  When  he  seized  the  ship  he  had  a 
couple  of  l)oats  tied  to  the  steiii  of  the  vessel  and  one  hoat 
was  coming  from  the  island  with  three  men.  Al!  the 
guns  and  other  appliances  were  on  the  schooner  in  their 
ordinai'v  position.  In  his  cross-examination  he  says  he 
does  not  think  the  hoats  were  tied  to  the  stei-n  of  the 
schooner  for  the  purpose  of  sealing;  he  does   not   helieve 

lo there  aie  ever  any  seals  around  this  island  Attou. 
Several  witnesses  confirm  the  statement  that  it  is  not 
a  fishing  place,  that  you  must  proceed  two  to  three 
hundred  miles  further  to  catch  seals.  Harrison  states 
that  he  knows  there  is  a  suitable  place  on  Attou  Island 
where  a  supply  of  water  can  he  had.  He  adds:  "there 
was  a  heavy  swell  coming  in  from  the  northward  and 
westward."  Captain  Turtle  told  them  that  he  had  been 
sealing  for  a  month  aroimd  C!oi)per  Islands,  but  that  he 
had  not  been  sealing  in  BehringSea,  and  that  he  had  gone 

20 to  Gotzleb  Harbour  for  the  sole  purpose  of  obtaining 
water  and  that  the  fishing  season  for  him  was  closed. 

Commander  Johnson  of  the  "Mohican"  admits  that 
he  almost  knew  immediately  after  the  seizure  that  he 
knew  that  Captain  Turtle  had  been  lately  sealing  in  the 
neighbourhood  of  Copper  Island,  but  cannot  say  whether 
it  was  Harrison  or  Turtle  who  gave  him  the  information. 
He  also  states  that  there  are  no  seals  within  200  miles  of 
Attou.  The  evidence  of  Captain  Turtle  is  also  corrol)or- 
ated  by  the  evidence  of  Joseim  Brown,  a  hunter  on  board 

30  the  "  Oscar  and  Hattie,"  who  says  that  a  long  time  previ- 
ous to  going  for  water  on  Attou  Island,  the  vessel  had 
been  employed  around  Copper  Island. 

Now,  Sir  Matthew  Baillie  Begbie,  in  his  reasons  for 
judgment  in  this  case  reproaches  Captain  Turtle,  while 
trying  to  justify  himself  of  making  use  of  ambiguous  ex- 
pressions, as  follows:— 

I  never  lowered  a  boat  in  Beliring  Sea  "  is  nn  expression  wliicli  he  airain  re- 
peats, and  a  third  lime  adopts  wlien  repeated  to  liini  by  his  counsel,  excepting  of 
course  the  boats  in  Gotzleb  Harbour,  on  the  Slsl  August.  He  uses  no  other  ex- 
pression of  denial."  He  also  adds  "  that  all  his  words  are  to  be  carefully  weighed, 
40  and  it  is  impossible  to  carry  thcni  further  than  the  dry  meaning  they  express.  It  is 
evident  that  he  does  not  in  express  terms  contradict  the  charge  that  he  was  in 
Behring  Sea  attempting  to  hunt  si-als  and  that  the  schooner  was  employed  for 
that  purpose.     All  he  says  is  that  he,  himself,  never  lowered  a  boat  there." 

But  if  such  answers,  which  the  learned  Chief  Justice 
qualifies  as  evasive,  are  in  truth  a  denial  of  the  complaint 
of  being  there  for  the  purposes  of  sealing,  there  can  be  no 
reproach  made  to  Captain  Turtle  for  making  use  of  pecu- 
liar but  very  appropriate  expressions,  as  the  following  ex- 
tract of  his  evidence  clearly  shows,  and  especially  if  we 
50  remember  that  the  hunting  of  seals  with  large  vessels  can 
only  be  carried  on  by  lowering  the  boats  fully  equipped  in 
order  to  get  at  the  seals,  for  it  cannot  be  done  from  the 
high  deck  of  a  vessel  such  as  the  "Oscar and  Hattie." 
The  following  are  the  answers  I  refer  to: — 

Q.  Never  mind  what  you  got  from  him.  Was  anything  said  about  seals  ?  A. 
lie  said  that  he  didn't  believe  I  had  been  sealing  at  all ;  he  didn't  believe  I  had 
come  into  the  sea  to  seal  there  ;  he  fully  believed  that  I  came  in  there  for  the  dole 
and  whole  purpose  of  getting  water, 

Q.  Well,  had  you  been  sealing  in  the  Behring  Sea?     A.  No,  sir;  never  lowered 
a  boat  in  tlio  lieliring  Sea, 
^.        Q    Well,  you  hod  some  seals  on  boord,  had  you,  sealskins?     A.  Yes,  sir. 
^     Q.  Where  had  you  been  sealing?      A.   I  took  them   oflf  Copper   Island  in  the 
North  Pacific  Ocean. 

Q.  How  far  off  ?     A.  Various  distances  ;  from  100 

Objected  to  by  petitioner's  counsel. 
A.  I  never  lowered  a  boat  inside  the  liehring  Sea. 
Q.  You  never  lowered  a  boat  in  the  Behring  Sea  ?    A.     No,  sir. 
Q,  Outside  of  going  into  Attou  Island,  as  referred  to  7     A.  No,  sir. 


■  IF 


25S 
(Exhibit  No.  85.) 

Q.  Had  ynu  (hot  any  mnU  there,  or  killed  any  in  any  way.  without  lowering  a 
boat  ?    A.  No,  air. 
Q,  Could  not?    A.  No,  eir. 

And  again  at  the  close  of  his  testimony  in  recross  ex- 
amination by  counsel  on  behalf  of  the  crown  he  answers 
as  follows: — 

Q.   (Mr.  I'ooley.1  And  you  did  not  take  any  whilst  in  there?     A.  No,  sir. 
Q.  (Mr.  Pooley.)  You  say  yun  did  not  go  in  for  the  purpose   of  takino;  seals? 
JO  A.  No.  sir. 

Q.  (Mr.  I'ooley.)  Into  the  Bohrln|»  Sen  ?     A.  No,  sir. 

It  is  difficult  for  me  to  understand  how  after  these 
several  specific  denials  the  learned  Chief  Justice  still 
hesitated  to  believe  that  Capt.  Turtle  had  proceeded  to 
Behring  Sea  on  an  illegal  errand.  When  it  is  known 
that  seal  hunting  can  only  be  carried  on  in  small  boats, 
the  answer  may  be  better  appreciated.  In  my  opinion, 
"  I  never  lowered  a  boat  in  Behring  Sea''  is  a  categorical 
answer  to  the  question:  "Had  you  been  sealing  in  Behr- 

20ing  Sea."  It  is  a  complete  and  perfect  denial  of  the 
cliaige  of  having  sealed  in  Behring  Sea.  It  is  twice  re- 
peated. Moreover,  we  see  by  the  answers  to  the  ques- 
tions above  cited  that  seals  are  not  killed  generally  except 
by  lowering  the  boats.  Lowering  boats  is  for  the  pur- 
pose of  sealing. 

It  is  abiuidantly  clear,  in  my  opinion,  that  there  are  for- 
mal and  positive  denials  of  record  by  Capt.  Turtle  that  he 
ever  intending  fishing  for  seals  m  Behring  Sea  contrary  to 
law. 

3<^  When  leaving  Copper  Island  on  his  home  voyage  Attou 
Island  was  almost  on  his  way  and  where  he  might  make 
a  stop  foi'  the  purpose  of  taking  in  a  supply  of  water.  It 
is  alsd  in  evidence  that  as  a  matter  of  fact  he  did  there 
obtain  a  supply  of  waterand  that  it  was  owing  to  the 
str(jiig  winds  and  heavy  sea  that  he  was  unable  to  get 
around  to  the  south  side  of  the  island— Attou,  which  is 
situated  outside  of  the  prescribed  waters.  The  stress  of 
the  weather  forced  him  to  go  to  the  north  side  which  bap- 
pens  to  be  within  the  piobibited  waters.     On  the  whole,  I 

4°  repeat  it.  the  evidence  seems  to  show  that  he  had  no  in- 
tention of  contravening  anj'  of  the  provisions  of  the  Fish- 
ery Seal  Act  and  that  be  has  not  in  fact  been  guilty  of  any 
infraction  of  the  provisions  of  the  law. 

I  am  therefore  of  opinion  that  tlie  appeal  should  be  al- 
lowed and  the  action   foi-  condemnation  dismissed,   the 
whole  with  costs, 
Taschkkeau,  J.—l  take  no  part  in  this  judgment. 
(twvnne,  J. — This  appeal  must,  in  my  opinion,  be  al 
lowed  with  costs.     Granting  that  the  ship  having  been 

5°  taken  within  the  Behring  Sea  cast  upon  the  appellant  the 
onus  of  proving  that  the  vessel  had  not  been  used  and  em- 
ployed in  taking  seals  in  the  Behring  Sea,  that  onus  was 
completely  discharged  by  the  evidence  of  the  officers  in 
charge  of  the  vessel,  whose  veracity  was  not  assailed  in 
the  slightest  particular.  The  evidence  established  beyond 
doubt  that  the  vessel  was  taken  almost  immediately  after 
she  bad  entered  the  sea  on  the  noith  side  of  one  of  the 
Aleutian  islands,  which  constituted  the  extreme  south- 
ern boundary  of  the  sea  where  she  had  entered  for  water, 

"°and  within  two  hundred  miles  of  which,  as  was  shown  by 
independent  testimony,  seals  had  never  been  known  to  be 
taken  or  seen. 

The  naval  officer  of  the  United  States  who  took  the  ves- 
sel and  handed  her  over  to  the  authorities  for  trial  enter- 
tained no  doubt  of  the  truth  of  the  statement  made  by  the 


25!> 


lO 


(Exhibits  Nos.  SO  and  87.) 

captain  of  the  vessel  when  taken,  as  to  the  purpose  for 
which  she  had  >;one  to  the  north  side  of  the  island  instead 
of  to  the*  south,  and  had  so  entered  the  Behring  Sea, 
namely,  the  state  of  the  wind  at  the  time,  and  the  wonder 
is  that  she  should  have  been  taken  at  all,  or  being  taken, 
should  have  been  put  upon  trial. 

Sedgev^ick  and  Kino  JJ.— Concurred. 

Appeal  altowed  ivith  costs. 

Solicitors  for  appellant:  Eberts  &  Taylor. 

Solicitors  for  res|)oiident:  O'Connor  &  Hogg. 


]ilt: 


EXHIBIT  No.  86  (9.  B.),  CLAIM  No.  23. 

Transcript  of  Rejjistrv,  "Oscar  and  Hattie,"  March  -2, 
imi,  to  March  »i.  isyH. 
2o     By  order  of  the  Coniinissionersj  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


EXHIBIT  No.  87  (0.  B.),  CLAIM  No.  23. 

Convention  between  the  Cnited  States  of  America 
AND  Great  Britain  for  the  Renewal  of  the  Exist- 
ing "  Modus  Vivendi  "  in  Behring's  Sea. 

Whereas  by    a    Convention    concluded    between    the 

30  United  States  of  America  and  Her  Majesty  the  Queen  of 
the  United  Kingdom  of  Great  Britain  and  Ireland,  on  the 
tvvonty-nintli  day  of  February,  one  thousand  eight  hun- 
dred and  ninety-two,  the  High  Contracting  Parties  have 
agreed  to  submit  to  Arbitration,  as  therein  stated,  the 
questions  which  have  arisen  between  them  concerning  the 
jurisdictional  rights  of  tiie  United  States  in  the  waters  of 
Behring's  Sea  and  concerning  also  the  preservation  of  the 
fur-seal  in,  or  habitually  resorting  to,  the  said  se;i,  and 
the  rights  of  the  citizens  and  subjects  of  either  country  as 

40  regards  the  taking  of  fur-seal  in,  or  habitually  resorting 
to,  the  said  waters;  and  whereas  the  High  Contiacting 
Parties  having  ditfered  as  to  what  restrictive  regulations 
for  seal  hunting  are  necessary,  during  the  jiendency  of 
such  Arbitration,  have  agreed  to  adjust  such  difference  in 
manner  hereinafter  mentioned,  ami  without  prejudice  to 
the  rights  of  either  party: 

The  said  High  Contracting  Parties  have  appointed  as 
their  Plenipotentiaries  to  conclude  a  Convention  for  this 
puipose,  that  is  to  say: 

50  The  President  of  the  United  States  of  Ameiica,  James 
G.  Blaine,  Secretary  of  State  of  the  United  States; 

And  Her  Majesty  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  Sir  Julian  Pauncefot",  Knight 
Grand  Cross  of  the  Most  Distino;uished  (Jrder  of 
Saint  Michael  and  Sahit  George,  Knight  Commander  of 
the  Most  Honorable  Order  of  the  Bath,  and  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  of  Her  Britannic 
Majesty  to  the  United  States; 

Who,  after  having  commuicated   to  each  other  their 

^respective  full  powers,  found  in  due  and  good  form,  have 
agreed  upon  and  concluded  the  following  Articles: 

Article  I. 
Her  Majesty's  Government  will   prohibit,   during  the 
pendency  of  the  Arbitration,  seal-killing  in  that  part  of 
Belning  Sea  lying  eastward  of  the  line  of  demarcation 


m 

n 

i 

■  i 
1 

i' 

1 

{■■' 

260 

(Exhibit  No.  s7.) 

described  in  Aiticle  No.  1  of  tlie  Treaty  of  IS*?"  between 
the  United  States  and  Russia,  and  will  promptly  use  its 
best  efforts  to  ensure  the  observance  of  this  pi-ohibition  by 
British  subjects  and  vessels. 

Aktici-e  II. 
The  United  States  Government  will  prohibit  seal-killing 
for  the  same   period  in   the  same  •))ait  of  Behring's   Sea, 

10  and  on  the  shores  and  islands  thereof,  the  property  of  the 
United  States  (in  excess  of  seven  thousand  five  hundred  to 
be  taken  on  the  islands  for  the  subsistence  of  the  natives), 
and  will  j)romptly  use  its  best  efforts  to  ensure  the  ob- 
servance of  this  prohibition  by  United  States  citizens  ;ind 
vessels. 

AUTICI.E  III. 
Every  vessel  or  peison  offending  against  this  prohibi- 
tion in  the  said  wateis  of  Behring  Sea  outside  of  the  ordi- 
nary territorial  limits  of  the  United  States,  may  be  seized 

2oand  detained  by  tlie  naval  or  other  duly  commissioned 
officers  of  either  of  tlie  High  Contracting  Parties,  f)uttbey 
shall  be  handed  over  as  soon  as  j)racticable  to  the  authoii- 
ties  of  the  nation  to  which  they  respectively  belong,  who 
alone  shall  have  jurisdiction  to  tr3-the  offence  and  impose 
the  penalties  for  tlie  same.  Tlie  witnesses  and  pi'oof 
necessary  to  establish  the  offence  shall  also  be  sent  with 
them. 

AUTICLK  IV. 
In  order  to   faeilitate   such   proper  inquiries    as    Her 

30  Majesty's  Government  may  desire  to  make  with  a  view  to 
the  presentation  of  the  case  and  arguments  of  that  Govern- 
ment before  the  Arbitrators,  it  is  agreed  that  suitable  per- 
sons designated  by  Great  Britain  will  be  permitted  at  any 
time,  upon  application,  to  visit  or  remain  upon  the  seal 
islands  during  the  sealing  season  for  that  purpose. 

Article  V. 
If  the  result  of  the  Arbitration  be  to  afhrm  the  right  of 
British  sealers  to  take  seals  in  Behring  Sea  within  the 
bounds  claimed  by  the  United  States,  under  its  purchase 

40froni  Russia,  then  compensation  shall  be  made  by  the 
United  States  to  Great  Britain  (for  the  use  of  her  subjects) 
for  abstaining  from  the  exercise  of  that  right  during  the 
pendency  of  the  Arbitration  upon  the  basis  of  such  a 
regulated  and  limited  catch  or  catches  as  in  the  opinion  of 
the  Arbitrators  might  have  been  taken  without  an  undue 
diminution  of  the  seal  herds;  and  on  the  other  hand,  if  the 
result  of  the  Arbitration  shall  be  to  deny  the  right  of 
British  sealers  to  take  seals  within  the  said  waters,  then 
compensation    shall    be   made  by  Great  Britain  to  the 

50  United  States  (for  itself,  its  citizens  and  lessees)  for  this 
agreement  to  limit  the  island  catch  to  seven  thousand  five 
hundred  a  season,  upon  the  basis  of  the  difference  between 
this  number  and  such  larger  catch  as  in  the  opinion  of  the 
Arbitrators  might  have  been  taken  without  an  undue 
diminution  of  the  seal-herds. 

The  amount  awarded,  if  any,  in  either  case  shall  be 
such  as  under  all  the  circumstances  is  just  and  equitable, 
and  shall  be  promptly  paid. 

Article  VI. 

60  This  Convention  may  be  denounced  by  either  of  the 
High  Contracting  Parties  at  any  time  after  the  thirty-first 
day  of  October,  one  thousand  eight  hundrad  and  ninety- 
three,  on  giving  to  the  other  Party  two  months  notice  of 
its  termination;  and  at  the  expiration  of  such  notice  the 
Convention  shall  cease  to  be  in  force. 


261 

(Exhibit  No.  8S.) 

Article  VII. 
The  present  Convention  shall  be  duly  ratified  by  the 
President  of  the  United  States,  by  and   with  the  advice 
and  consent  of  the  Senate  thereof,  and  by  her  Britannic 
Majesty;  and  the  ratifications  shall  be  exchanged  either  at 
Washington  or  at  London  as  early  as  possible. 
In  faith  whereof,  we,  the   respective  Plenipotentaries 
lohave  signed  this  Convention  and  have  hereunto  affixed  our 
our  seals. 

Done  in  duplicate  at  Washington,  this  eighteenth  day 
of  April,  one  thousand  eight  hundred  and  ninety-two. 

JAMES  G.  BLAINE,     [seal.] 
[SEAL.!        JULIAN  PAUNCEFOTE. 

CHAS.  F.  NOTHAM, 
Rear  Admiral. 
Commander  in  Chief  Pacific  Squadron. 
(Endorsed)— H.  M.  S.  "  W^arspite."— Esquimalt. 
20  (Endorsed)— Handed  to  Capt.  Thos.  Turtle  of  "Sch.  Oscar 
&  Hattie"  by  the  Boarding  Officer  (Shumaker);of 
U.  SS.  "Adams"  oif  Montague  Island,  Friday,  June 
24th,  1892  (Lat.  5!)°  4.5'  N.  Long.  147°  20'  W.). 


30 


EXHIBIT  No.  88  (0.  B.),  CLAIM  No.  23. 

By  THE  President  of  the  United  States  of  America. 
A  Proclamation. 

The  following  provisions  of  the  laws  of  the  United 
States  are  hereby  published  for  the  information  of  all  con- 
cerned. 

Section  lJt.56,  Revised  States,  Chapter  3,  Title  23,  enacts 
that:  "No  pex'son  shall  kill  any  otter,  mink,  mai-ten, 
sable,  or  fur  seal,  or  other  fur-bearing  animal  within  the 
limits  of  Alaska  Territory,  or  in  the  waters  thereof;  and 
every  person  guilty  thereof  shall  for  each  offence,  be  fined 
not  less  than  two  hundred  nor  more  than  one  thousand 
40 Dollars,  or  imprisoned  not  more  than  six  months,  or  both; 
and  all  vessels,  their  tackle,  appai'el,  furniture  and  cargo, 
found  engaged  in  violation  of  this  Section  shall  be  for- 
feited; but  the  Secretary  of  the  Treasury  shall  have  power 
to  authorize  the  killing  of  any  such  mink,  marten,  sable, 
or  other  fur-bearing  animal,  except  fur  seals,  under  such 
regulations  as  he  may  prescribe;  and  it  shall  be  the  duty 
of  the  Secretary  to  prevent  the  killing  of  any  fur  seal,  and 
to  provide  for  the  execution  of  the  provisions  of  this  sec- 
tion until  it  is  otherwise  provided  by  law;  nor  shall  he 
50  grant  any  special  privileges  under  this  section. 

Section  3  of  the  act  entitled  "An  Act  to  provide  for  the 
protection  of  the  salmon  fisheries  of  Alaska  "  approved 
March  2,  1889,  provides  that: 

"  Section  3.  That  Section  1956  of  the  Revised  Statutes 
of  the  United  States  is  hereby  declared  to  include  and  ap- 
ply to  all  the  dominion  of  the  United  Stales  in  the  waters 
of  Behring  Sea;  and  it  shall  be  the  duty  01:  the  President, 
at  a  timely  season  in  each  year,  to  issue  his  proclamation 
and  cause  the  same  to  be  published  for  one  month  in  at 
60  least  one  newspaper,  if  any  such  there  be,  published  at 
each  United  States  port  of  entry  on  the  Pacific  coast, 
warning  all  pei-sons  against  entering  said  waters  for  the 

Eurpose  of  violating  the  provisions  of  said  section;  and 
e  shall  also  cause  one  or  more  vessels  of  the  United 
States  to  diligently  cruise  said  waters  and  arrest  all  per- 


it; 


262 

(Exhibit  No.  8».) 

sons,  and  seize  all  vessels  fount!  to  lie,  or  to  have  been  en- 
gaged in  any  violation  of  the  laws  of  the  United  States 
therein." 

Now,  therefore,  I,  Benjamin  Harrison,  President  of 
the  United  States,  pursuant  to  the  above  recited  statutes, 
hereby  warn  all  persons  against  entering  the  waters  of 
Behring  Sea  withni  the  dominion  of  the  United  States,  for 
10  the  purpose  of  violating  the  provisions  of  said  section 
1956,  Revised  Statutes;  and  I   hen?by  proclaim,  that  all 

[)ersons  found  to  be,  or  to  have  been,  engaged  in  any  vio- 
ation  of  the  laws  of  the  United  States,  m  said  waters, 
will  be  arrested  and  punished  as  above  provided,  and  that 
all  vessels  so  employed,  their  tackle,  apparel,  furniture 
and  cargoes  will  be  seize<l  and  forfeited. 

In  testimony  wliereof,  I  have  hereunto  set  my  hand 

and  caused  the  r,eal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  fifteenth  day  of 

20  February,  one  thousand  eight  hundred  and  ninety-two, 

and  of  the  independence  of  the   United  States  the  one 

hundred  and  sixteenth. 

[SEAL.]  BEN  J.  HARRISON. 

By  the  President: 

James  G.  Blaine, 

Secretary  of  State. 


30 


EXHIBIT  NO.  80  (0.  B.),  CLAIM  NO.  23 


Navy  Departmknt. 

Washington,  April  25,  1892. 
Commander  R.  D.  Evans,  U.  S.  N., 
Commanding   United    States  Naval  Force  in  Bering 
Sea. 
Sir: 

In  pursuance  of  the  convention  between  the  United 
States  and  Great  Britain,  dated  April  18,  1892,  for  a 
40  modus  Vivendi  respecting  the  taking  of  seal  in  Bering 
Sea,  you  will  cause  the  vessels  under  your  conmiand  to 
warn  all  American  and  British  vessels  they  meet  outside 
of  Bering  Sea  not  to  enter  the  prohibited  waters  of  that 
sea  for  the  purpose  of  sealing,  and  you  will  deposit  on 
board  of  each  vessel  so  warned  a  copy  of  the  convention, 
of  the  President's  proclamation,  dated  February  15,  1892, 
of  the  British  Seal  Fishery  (Bering  Seal  Act,  1891,  and  of 
these  instructions.  Entry  of  notice  and  warning  will  be 
made  upon  the  register  of  all  vessels  notified. 
50  Any  vessel  found  to  be,  or  to  have  been,  employed  in 
sealing  within  the  prohibited  waters  of  Bering  Sea 
whether  with  or  without  warning,  and  any  vessel  found 
therein,  whether  warned  or  not,  having  on  board  imple- 
ments for  taking  seal,  or  seal  skins,  or  bodies  of  seals,  will 
be  seized. 

The  prohibited  waters  include  that  part  of  Bering  Sea 
east  of  the  line  of  demarkation  marked  upon  Hydro- 
graphic  Office  Chart  No.  tis. 
The  commanding  officer  of  the  vessel  making  the  seizure 
60  will,  at  the  time  thereof,  draw  up  a  declaration  in  writing, 
stating  the  condition  of  the  seized  vessel,  place  and  date  of 
seizure,  giving  latitude  and  longitude,  and  circumstances 
showing  guilt.  The  seized  vessel  will  be  brought  or  sent 
in  charge  of  a  sufficient  force  to  insure  delivery,  together 
with  witnesses  and  proofs  and   the  declaration  of  the  of- 


2«3 


(Exhibit  No.  ItO.) 

ficei  making  the  seizure,  if  American,  to  Sitka  and  there 
delivered  to  the  officer  of  the  United  StatcH  District 
Court  at  that  place,  and  if  Britisli,  to  UnaJaska  and  there 
delivered  to  the  senior  British  naval  officer  in  Bering  Sea. 
The  master  of  the  seized  vessel,  her  mate  or  boatswain 
and  such  portion  of  her  crew  as  can  conveniently  \m  car- 
ried therem  will  be  sent  as  prisoners  with  the  vessel  to 
lo suffer  the  penalty  of  the  law. 

A  signed  and  ortitied  list  of  the  papers  of  the  seized 
vessel  nill  be  delivered  to  the  Master  thereof,  and  a  dupli- 
cate copy  will  be  transmitted  with  the  declaration. 

Very  respectfully, 

B.  F.  TRACY, 
Secretary  of  the  Navy. 


EXHIBIT  No.  90  (0.  B.),  CLAIM  No.  28. 

2o         Seal   Fishery   (Behrino's   Sea)   Act,    1891. 
54  Vict.]  Chapter  li>. 

An  act  to  enable  Her  Majesty,  by  order  in  council,  to 
make  special  provision  for  prohibiting  the  catching  of 
seals  in  Beh ling's  Sea  by  her  Majesty's  subjects  dur- 
ing the  period  named  in  the  order.    (11th  June,  1891.) 
Be  it  enacted  by  the  Queen's  Most  Excellent  Majesty,  by 
and  with  the  advice  and  consent  of  the  Lords  Spiritual  and 
Temporal  and  Commons,  in  this  present  Parliament  as- 
sembled, and  by  the  authority  of  the  same,  as  follows: 
30     I.  (1)  Her  Majesty  the  (^ueeii  may,  by  order  in  council, 
prohibit  the  catching  of  seals  by  British  ships  in  Bebring's 
Sea,  or  such  part  thereof  as  is  defined  by  the  said  order, 
during  the  period  limited  by  the  order. 

(2)  While  an  order  in  council  under  this  act  i^  in 
force ~ 

(a)  A  person  l)elonging  to  a  British  ship  shall  not  kill, 
or  take,  or  hunt,  or  attempt  to  kill  or  take,  any  seal 
within  Bebring's  Sea  during  the  period  limited  by  the 
order;  and 
40  [b)  A  British  ship  shall  not,  nor  shall  any  of  the  equip- 
ment or  crew  thereof,  he  used  or  employed  in  such  killing, 
taking,  hunting  or  attempt. 

(8)  If  there  is  any  contravention  of  this  act,  any  jjerson 
tonmiitting,  procuring,  aiding,  or  abetting  sucli  contra- 
vention shall  he  guilty  of  a  misdemeanor  witiiin  the  mean- 
ing of  the  merchant  slupping  act,  isr)4,  and  the  ship 
and  her  equipment  and  everything  on  board  thereof 
shall  be  forfeited  to  Her  Majesty  as  if  an  ofifenso  had  been 
committed  under  section  lo;$  of  tlie  said  act,  and  the  provi- 
so sions  of  sections  108  and  104  and  part  lo  of  the  said  act 
(which  are  set  out  in  the  scliedule  to  this  act)  shall  apply 
as  if  they  were  herein  reiniacted  and  in  terms  made  applic- 
able to  an  offense  and  forfeiture  under  this  act. 

(4)  Any  commissioned  officer  on  full  pay  in  the  naval 
service  of  Her  Majesty  shall  have  power,  during  the  period 
limited  by  the  order,  lo  stop  and  examine  any  British  ship 
in  Bebring's  Sea,  and  to  detain  her,  or  any  portion  of  her 
equipment,  tir  any  of  her  crew,  if  in  his  judgment  the  ship 
is  being  or  is  preparing  to  be  used  or  employed  in  contra- 

"°  vention  of  this  section, 

(5)  If  a  Britisli  ship  is  found  within  Bebring's  Sea  hav- 
ing on  board  thereof  fishing  or  shooting  implements  or 
seal  skins  or  bodies  of  seals,  it  shall  lie  on  the  owner  or 
master  of  such  ship  to  prove  that  the  ship  was  not  used  or 
employed  in  contravention  of  this  act. 


264 


(Exhibits  Nos.  00,  01  and  m.) 

2.  (1)  Her  Majesty  the  Queen  in  council  may  make,  re- 
voke, and  alter  orders  for  the  purposes  of  this  act,  and 
every  such  order  shall  he  forthwith  laid  before  both  houses 
of  Parliament  and  published  in  the  London  Oazetle. 

(2)  Any  such  order  may  contain  any  limitations,  condi- 
tions, qualifications,  and  exceptions  wliich  appear  to  Her 
Majesty  in  council  expedient  for  carrying  into  effect  the 
10  object  of  this  act. 

3.  (1)  This  act  shall  apply  to  the  animal  known  as  the 
fur  seal,  and  to  any  marine  animal  specified  in  that  be- 
half by  an  order  in  council  under  this  act,  and  the 
expression  "seal"  in  this  act  shall  be  construed  accord- 
ingly. 

(2)  The  expression  "  Behring's  Sea  "  in  this  act  means 
the  seas  known  as  Behring's  Sea  within  the  limits  de- 
scribed in  an  oider  under  this  act. 

(3)  The  expression  "equipment"  in  this  act  includes  any 
20  boat,  tackle,  fishing  or  shooting  instruments,  and  other 

things  belonging  to  the  ship. 

(4)  This  act  may  be  cited  as  the  seal  fishery  (Behring'.s 
Sea)  act.  1801. 


EXHIBIT  No.  91  (0.  B.),  CLAIM  No.  28. 

Log  Book  of  "Oscar  and  Hattie,"  January  28  to  July 
30,  1802. 
By  order  of  the  Commissioners,  on  consent  of  counsel, 
30  this  exhibit  is  not  printed. 


EXHIBIT  No.  92  (0.  B.),  CLAIM  No.  28. 

Log  book  of  "Oscar  and  Hattie,"  July  31,  1802, 
to . 

By  order  of  the  Commis.sioner8,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


40 


SO 


60 


EXHIBIT  No.  98  (B.  0.),  CLAIM  No.  28. 

Victoria,  British  Columbia,  Jan.  5th,  1807. 

Schooner  "Oscar  &  Hattie." 

First  cost  of  vessel... $0,000  00 

"        "    Outfit 500  00 

Paid  out  refitting. 
1801. 
Dec.  11.  Jno.  Barnsley  &  Co. 

12  Parker  shotguns 

O  *50 $600  00 

2  Remington  shot- 
guns @  $45 00  00 

1  Baker  ©45 45  00 

1  Rifle 16  00—        750  00 

"    12.  Labour 4  00 

"    26.  "      18  75 

"    28.(06)    Fred.  Jeane,  Sails 243  68 

"    31.  Labour 10  .50 

' '  Say  ward  for  Spars 80  00 

E.  B.  Marvin  «&  Co 16  05 

1802. 

Jan.     4/18.  "  "       252  02 

"      6.  Labour 10  00 

"      0.  "         44  00 

"     14/16  "         37  00 


960 

(Exhibits  Noa.  !•:»  and  i>4.) 

1892. 
Jan.  21.  M\iirlu'ii(l  &    Mann,    Drosaetl 

Lumber,  etc 26  32 

•'     21.  Bishop  &  ShiM'boruo,  lefittitiK 

Cabin,  galley.  Bunks,  etc...  200  00 
"     19- 

June  30.    E.  B.  Marvin  &  Co 609  88 

loJan.    2H.            Labour ^8  00 

"                    Wni.  Turpol,  making  spax-s,  etc.  279  80 

"    2(1/7.        Labour <">  75 

Feb.   17.            Betmet  &  Burns 2  60 

"    23.            J.  iSears.  painting  name 2  00 

"  Geo.  Phillips,  stove  and  Galley 

fltgs 129  80 

•'    24.            Albion  Iron  Wks.,  Tanks 2»;()  00 

Mch.  31.            Bishop  &  Sherborn,  hal «0  00 

May    9.            Jno.  Robertson,  Ironwork.. ..  Ill  00 

-n     '•                     A.  Lewis,  Tinware 13  25 

Juo.  Clark,  Hauling  out,  etc..  9S  00 

"     27.            Thos.  Earl,  1  Boat 100  00 

July  31.            H.  R.  Foot,  (I  Boats  @  $95  . . .  570  00 

1891. 

Jan.    1(J.            E.  B.  Marvin  &  Co 10  00 

$13.365  00 

Total  cost  of  Vessel  fitted  for  Sealing  with 

Wbite  Hunters,  Season  1 892 $13, 365  00 

30  Deduct  proceeds  of  Sale  of  Vessel 4, 550  00 

$8,815  00 
Interest  on  $13,365  from  seizure  until  sale  of 

vessel  (27  Feb.,  1893) 305  16 

Interest  on  $8,815  from  27  Feb.,  '93,  to  date.  2,040  67 
"        "   $4,550     "          "          "      to   May 

29/94 342  77 

During  which  period  the  purchase 
money  remained  in  Couit. 

40  Loss  on  trip  to  Ounalaska  under  seizure 500  00 

Interest  thereon  from  Oct.  1/92  to  date 127  92 

Law  expenses  paid  over  and  above  taxed  costs.  750  00 

Interest  thereon  from  Ap.  6/94  to  date 123  75 

Total  claim  to  Jan.  5,  1897 $13.005  27 

Plus  subsequent  interest. 

EXHIBIT  No.  94  (Q.  B.),  CLAIM  Nr.  23. 
50  VicTOKiA,  British  Columbia,  Jan.  5tb,  1897. 

The  Schooner  "  Oscar  &  Hattie." 

Cost  of  Vessel,  Ban  Fi-ancisco $7, 5( lO  00 

Commission  on  purchase... 187  50 

Personal  expenses  and  cost  of  bringing  vessel 

to  Victoria.  B.  C 500  00 

Duty  paid  in  Victoria - 750  00 

Ch  ronometer,  Barometer,  Charts 1 54  60 

Sails 1+0  96 

^   Ship  chandlery 3163 

^°Caulking,  etc W3  65 

Sealing  Boat 100  00 

Ironwork 90  00 

2  Oil  tanks  (for  water) 335  00 

$9,939  33 

1  cannon  bought  Victoria 60  00 

Total  cost  of  Schooner,  act. ,  1891 $9.999  33 


i 


1-'? 


(Exhibit  No.  !t5.) 

Claim  No.  18,  "Triumph." 

EXHIBIT  No.  95  {Qt.  B.),  CLAIM  No.  18. 

TRANSCRIPT  OF  REGISTER  FOR   TRANSMISSION  TO 
CHIEF  REGISTRAR  OF  SHIPPING. 


'^     Otficinl  Number  of  Ship. 
9(lfi81. 


Naiiio  iif  Ship. 
"Trimnpli.'" 


I      No.,  Dnln  and  I'oit  uf  Registry, 
i      No.  II,  in  1887,  Victoria  13.  C. 


No.,  Date  and  I'ort  ol' previous  Ucsjislrv  (if  any) 
April  Ist,  18H7,  Sliclljoumr,  N.'S. 


20 


I  I  I 

Wlu'llier  Brit;,  ii  or  i  Whclliern  Siiilinj;  or  i  Where  liuilt.  '   When  Hiiill. 

Foreign  built.         [       Slenni    Ship ;    and  i 

!       if    a    steam    ship, 

how  propelled. 


Name  and  Address 
of  Builders. 


British. 


Sailinjr. 


Shelbourne 

N.  .S. 


April,    1887.   j     Arthur  Hood, 

Launched        Shelbourne,  N.  S. 
•Jtt.Mch.,  1.S87. 1 


Number  of  Decks One. 

NumluT  of  Masts Two. 

Uiyucd Schooner. 

Slern Elliptic. 

,Q  Build Carvel. 

■^     naileries None. 

Head Billet. 

Framework AVood. 


Length  from  fori!  part  of  stem,  under 
the  bowspril,  to  llie  aft  side  of  the 
head  of  the  stern  pust 

Main  breadlh  toouLtiile  ol'plank i 

Depth  in  bold  from  tonnage  deck  to 
ceiling  at  inidships 

I)e|ilh  in  hold  lidin   upper  deck  to  ceil- 
ing  at   miilships.  in  till' case  of  three  I 
decks  and  upwards  

Length  of  engine  room,  if  any 


Feet.     Tenth- 


86 


Particulahs  01'  Tonnage. 


Oross  Tonnage. 

40  I'nder  Tonnage   Deck    

Closed  in  spaces  above  the  Ton- 
nage Deck,  if  anv 

Rreak " 

KorecaBtlo 

House     

Other  closed-in  spaces,  if  any, 
as  follows : 

No.  of  Tons. 
112.24 

Deductions   Allowed. 
On  account  of  space  rnqiureil  for 

No.  of  Tons. 

8.11 
5.84 

On  account  of  sjtiice  occupied  by 
Seamen    or    AppriMdices,  and 
appnipriatcd  to  their  use,  and 
kept  free  from  goods  oi-  stores 
of   every  kind,  not    being  the 
personal  property  of  the  crew. 

These  spaces  are  the  following, 
viz. : 

Forecastle 

First  section  of  cabin 

7.22 
1.46 

50  Cross  Tonnage 

Dcdiielions,  as  per  Contra   .  . 

ltm.l9 
8.(!8 

97  51 

8.68 

60 


Names,  Residence  and    Description    of   the  | 
Owners,  and   Number    of    Sixty-Fourth  [•  viz.. 
Shares  held  by  each.  ) 

D.VMEL  McLkA.S, 

of  Victoria,  British  Colutnbia, 

Master  Mariner. 

(64)  Sixty-four  shares. 


Dated  2d  December,  1887. 


Transferred  from  the  I'ort  of  Shelbourn*, 
N.  S.     89  A  SO,  U.  8.  A. 


Registrar  W.  HAMLEY. 


207 


y 


(Exhibit  No.  95.) 

Copy  Transactions  Subsequent  to  Registry,  for  Transmission  to  IIegis- 
tkar-General  of  Shipping  and  Seamen. 


Number   of 

Name    of    Person 

Number 

Date  of  Resist  ry. 

Nature    and    Date 

Na.ne,       Residence 

Transactions. 

from   wlinin   title 

(if  shnrea 

of  Transaction. 

and   ,j('('ujmtioii  of 

Is  (Itriveil. 

ntt'i'Cted. 

Trarisferec,  niort- 
ga{{ee      or     other 

ID 

person  ac(]uiring 
title  or  power. 

1 

Daniel  McLean. 

21 

December     17tli, 

Bill  of    Sale  <lateil 

W  a  1 1  (■  r      E  d  w  i  n 

1887,  3.45  r.M. 

7tli  December,  1887. 

lilackett  of  Na- 
n  n  i  m  o  ,  1>.  C., 
Contruc  tor. 

2 

Walloi-  Edwin 

21 

December     17tb, 

Mort^nse       datial 

Edijar    (^rowe    Ba- 

ISIiickelt. 

188.,  at,  3.60  r.  m. 

])eceiiilier  Ititli, 
18S7,    l(ir    secnr- 

ker  of  Victoria, 
B.  ('.,    Kcl.    r.ient. 

20 

inij  *  1.(11111  (One 
tlionsaiid  dollar^) 
and  interest  at 
rij'u  per  annum. 

Uuyal  Navy. 

30 


Daniel  McT.enn, 
by  his  attorney 
in  fact,  Edgar 
Crowe  Baker. 


21 


Daniel  McLean, 
by  his  ntlorney 
in  facii  r„l^.<-r 
Crowe  Baker. 


22 


December    20tli, 
IS87,  at  10.30  A.M. 


Bill  of  Sale  dated  .loslimi  Davies  ,,f 
December  7  th.  Victoria,  li.  C, 
1887.  .Wiclioiieer. 


February     6th, 
1888,  at  4  p.  M. 


.Mortgage  dated 
DeccmlH'r  IKtli. 
18,S7,  for  *l.(i(J(i 
(one  thousand 
dollars)  and  in- 
terest at  !2"|,' 
per  nnnnin. 


.Foshna     Daviea 
Victoria,      B. 
.\ncli(ineer. 


of 
C, 


I 


40. 


50 


.loshua  Davies. 


21 


February  7th,  1888, 
at  11  A.  M. 


Bill  of  sale  dated 
DeeenihiT  KMli, 
1887. 


I 


Edgar  Crowe  Ba- 
ker (if  Victoria, 
H,  <•.,  Ret.  Lieut. 
Royal  Navj'. 


Walter   Edwin 
Blackett. 


21 


July  20th,  1888, 
at  12  noon. 


Widter  E  d  w  i  n 
Blackett  dies  on 
the  ir.th  (lay  "f 
,Iune  intestate. 
Letters  (jf  admin- 
ist.rati(ni  granted 
to  .I'lhn  Charles 
Blackett  of  Vic- 
toria, H.  ('..  by 
(  h  e  Supreme 
Court  of  Uritlsh 
Coliimbift,  on  the 
23rd  (lav  of  ,lune, 
1888. 


bdin  C  h  a  r  1  ,•  s 
Ulaekett  of  Vic- 
toria, B.  (".,  .Mas- 
ter .Mariner. 


,1  o  li  n    Charles 
Blackett. 


21 


Novembei 


12th, 


1888,  10  A.  M. 


6o 


8       Daniel  McLean. 


22 


December      26th, 
1888,  10  A.  M. 


Diseharife  of  Mort- 
gage A  for  $!  1,000 
and  interest.  Re- 
ceipt dated  20th 
September,  1888. 


Mortgage  dated 
21st  December, 
1888,  for  JftOO.iio 
(five  hundred  dol- 
lars) and  interest 
at  12!"^  per  an- 
num. 


Edgar  Crowe  Baker, 
of  Victoria,  P.  C. 
Ret.  Naval  Lieut. 


268 
(Exhibit  No.  95) 


Niimbor  o( 

Niime     of     person     Nmiibci' 

Dnte  of  Uegistry. 

Nature  and  date  of 

Name,       Residence 

Trniisactions. 

fr.iiii  whom  Title;  of  Slmrea 

transaction. 

and  Occupation  of 

is  doriveil. 

affected. 

Translei'ee,  .Mort- 
gap-e"  nr  other  IVr- 
son  acquiring;  Title 
or  Power. 

lO                     9 

.loliii  C   151ackctt. 

11 

May  18tli,  1889,  Ht 

Bill  of  .Sale  dated 

Kosine  IJlacliell,  of 

10  a.  m. 

4tli       Ueetmber, 
1888. 

Nanainio,  H.  C, 
widow,  now  wife 
of  Robert  Edward 
Gibson,  of  Pem- 
broke, Ontario. 

10 

Daniel  McLean. 

22 

August  l»th,  1889, 
at  in  A,  .M. 

Mortgage  dated 
March  21.st,  1889, 
the  same  to  se- 
cure the  sum  of 
*1,  00,    with    in- 

Edgar Crow  linker, 
of  Victoria,   li.  V. 
Ship  owner. 

20 

terest  at  the  rale 
of  8%  per  annum 
on  account  cur- 
rent. 

11 


Joshua  Davies. 


22 


August  19th,  1889, 
at  4  p.  H. 


Transfer  of  Mort- 
B  August 
1889. 


19th, 


Edgar  Crow  Baker, 
of  Victoria,  H.  ('. 
Ret'd  Navy  Lieut. 
U.  N. 


30 


12 


Edgar  Crow  Baker. 


21 


October     15th, 
1889,  at  10  a.  m. 


Bill  of  Sale  dated 
October  11th, 
1889. 


.lohn  G.  Cox,  of 
Victoria,  H.  C. 
Master  Mariner. 


13 


Edgar  Crow  Baker. 


22 


14 


40 


Rosine  Blackett, 
now  Rosine  Gib- 
son, wile  of  Rob- 
ert Edward  Gib- 
son, of  Pembroke, 
Onlario,  by  her 
atty.  C.  C.  Mc- 
Kenzie,  Nanainio, 
B.C. 


U 


October     IBth, 
1889,  at  10  a.  m. 


Bill  of  sale  dated 
October  lltli, 
1889,  under  mort- 
gages B,  C  >fe  D. 


John    G.     C 
Victoria,     1!.      ( 
Master  Mariner 


of 


October  ITth, 
1889,  at  3.B0 
r.  M. 


Bill  of  Sale  dated 
October  11  th 
1889. 


I 


John     G.    Cox, 
Victoria,      H. 
Master  Marine 


50 


16 


16 


John  Charles  Black- 
ett. 


John  Grnliain  Cox. 


10 


October  2l8t,  1889, 
at  2  V.  M. 


October  2rtlli,  1889, 
at  2  V  M. 


Bill  of   Sale  dated  (  Marv    lilacketl.  of 

August  23i'd, 1889. 1     Victoria,     M,  C., 

I      wife    of    J(din  C. 
I     Blackett. 


Bill  of  Sii'e  ilated      Edward   B.  Miirinii, 
October  2fith,  1889.  1     of  \'ietoria.  H.  (',. 
Ship  Chandler. 


17 


John  (iralinm  Cox, 


October  2lith,  1889, 
at  2  I'.  M. 


Bill  of  Sale  dated 
October  25th, 
1889. 


William      Cox 
Victoria.        li.     ( 
Master  Mariner. 


(it 


60 


i 


18       John  Graham  Cox, 


11         I  October  20th,  1889,'  Bill   of  Sale  dated     Frank   W.    Adnini. 
nt  2  1:  M.  I     October         25th,  I     of  Victoria,    H.  C. 

1889,  i     Clerk. 


.1  OJW.i_.MU|l^lJ|ipi 


■^R^^BBTw.    ■     I'rr^ 


'  "WJWflTW^ 


260 


(Exhibits  Nos.  11  and  12  U.  S.) 


Number  of      Name     of     person     Number 
Trnnsnctinns.        from   whom  Title   of  Shares 
i.s  derived.  nHected. 


10 


20 


30 


40 


HI       ,lohn  Graham  Cox. 


Date  of  Registry. 


Nature  and  date  of     Name,      Reaideuci' 
transaction.        |     and  Occupation  of 
Transferee,    Mort- 


gagi^e  or  other  Per- 
son acquiring  Title 
or  Power. 


I  1 

10         i  October  26th,  1889,  1  Bill  of  Sale  dated     Clarence         Nelson 

at  2  I'.  M.                 j     October  i5lh,        Cox,    of   Victoria, 

1889.  I     B.  C.  Master  Marl- 


2I> 

Mary  Blaekett. 

5 

December        18th, 
1891),  at  4  V.  M. 

Bill  of   Sale   dated 
DecMnbar      17ih, 
189r. 

Willi,  ni  Gordon 
'■^•eviMisun,  of  Vic- 
toria, B.  ('.  Hotel 
Keeper. 

21 

Miiry  Blnckett. 

5 

December        18th, 
1890,  nt  4  1',  M. 

Bill  of   Sale  dated 
Oeccinlier      17tli, 
1890. 

Mivry  Jackson,  of 
V'ctoria,  B.  C. 
wi.'e  of  William  R. 
Ja>;l>son. 

22       William       Oordon 
Stevenson. 

8 

Febiuarj'         25th, 
1898,      at     10.45 

A.  M. 

Morts;n;^e  A,  dated 
February      22nd, 
1898,    for  ¥1,250 
(Twelve    hundred 
>fe    fifty     dollars) 
and     interest    at 
7"n  per  annum. 

Robert  Ilawley  Hall 
of  Victoria,  15.  C. 
.Manager  of  Hud- 
son Bay  ( 'o. 

23 

Mary  Jackson. 

n 

December        20tli, 
1894,  at  3.15  r.  M. 

Bill   of   Sale  dated 
20lh      December, 
1894. 

Victoria  Emma  Cox, 
wife  of  Clarence 
N.  Cox,  Victoria, 
B.  C 

24 

Robert         Hanley 
Hull. 

R 

March    Sth,    1896, 
at  8.55  p.  M. 

Discharge  of  Mort- 
gage A.     Ueceii)t 
(lated  .'ilh  March, 
1896. 

William  G.  Steven- 
son, of  Victoria, 
B.  C.  Hotel 
Keeper. 

25 

William  U.  Steven- 
son. 

s 

March     5tli,    1890, 
at  4  p.  M. 

Bill    of  Sale  a«t  d 
March  .•ith,  1891) 

Edward  Benjamin 
Marvin,  of'  Vic- 
toria, li.  V.  Mer- 
chant. 

United  States  Exhibits. 

EXHIBIT  No.  11  (U.  S.),  CLAIM  No.  18. 

Agreement  duted  April  !»,  1SS!»,  between  Edgar  Crow 
Barker  and  H.  Liebes  &  Co. 

Hiis  exhibit  has  ah'eady  been  printed  in  full  at  page 
1451'  of  the  Record,  and  by  order  ot  tlie  Commissioners  on 
consent  of  counsel  is  not  again  printed. 


''iQ 


EXHIBIT  No.  12  (U.  S  ),  CLAIM  No.  18. 

UNITED    STATES    OF    AMERICA 
United  States  CntcuiT  Couht. 
CiRciiT  Court,  U.  S.  Mass.  Dist.  ss. 

To  all  people  to   whom  these   presents  shall  come,  Greet- 
ing: 
Know  ye  That    at  a    Circuit    Court    of    the    United 
States,  begun  and  holden   at  Boston,  within  and  for  the 


mmm 


m 


It.. : ; 


270 

(Exhibit  Nos.  17  U.  S.  and  !»7.) 

Massaciiiisetts  District,  on  the  fifteenth  clay  of  October,  in 
the  year  of  our  IjOIiI  one  thousand  eight  hundred  and 
eiglity-two. 

To  wit:  on  the  1st  day  of  December,  A.  D.  1882, 
Danikk  McLean,  of  Boston,  in  said  district.  Mariner, 
born  at  Sydney,  Island  of  Cape  Breton,  Nova  Scotia,  hav- 
ing pi()ihic(Hl  the  evidence  and  taken  the  oatli  required  by 
loliiw,  was  admitted  to  become  a  citizen  of  the  said  United 
States  according  to  the  Acts  of  Congress  in  sucli  case 
made  and  provided,  all  of  whicii  appears  of  record  in 
said  court. 

In  tkstimonv  whereof,  1  have  hereunto  set 
my  hand  and  affixed  the  seal  of  said  Court 
[seal.]  at  Boston  aforesaid,  this  oth  day  of  October, 
A.  D.  liSDO,  and  in  the  one  hundred  and  21st 
year  of  the  Independence  of  the  United 
States  of  Ameiica. 

BEN  J.  H.  BRADLEE, 
Deputy  Cleric  of  the  Circuit  Court  of 
the  United  States  for  the  District 
of  Massacliusetts. 


20 


Claim  No.  17,  "  Minnie." 

EXHIBIT  Nc.  96  (O.  B.),  CLAIM  No.  17- 

Transcript    of     Registry,    schooner    "  Minnie,"    dated 
30  March  25,  1881>. 

By  order  of  the  Commissioners  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


EXHIBIT  No.  97  (O.  B.),  CLAIM  No.  17. 

Certified  copy  of  decree  in  proceedings  in  United  States 
District  Court  in  Alaska,  in  case  of  United  States  vs.  418 
Fur  Seal  Skins. 

40  And  afterwards  to-vvit,  on  the  2Sth  day  of  September, 
188!»,  the  following  further  proceedings  were  had  in  said 
cause,  and  appear  of  lecord,  which  arv*  in  words  and  fig- 
ures following,  to- wit: 

At  a  stated  term  of  the  District  Court  of  the  United 
States,  in  and  for  the  District  of  Alaska,  held  at 
Sitka,  in  said  District,  on  the  2Sth  day  of  Sep- 
tember. 188lt. 

Present— Hon.  John  H.  Keatley,  District  Judge. 

50   The  United  States    j 

I's.  No.  2n;{.     Decree. 

■IIS  Fur  Seal  Skins.  \ 

This  cause  came  on  t<t  be  heard  on  motion  of  Whit.  M. 
Grant.  I'nited  States  Attorney,  ami  it  appearing  to  the 
Court  that  2  shot  guns  seized  with  the  41S  fur  seal  skins 
had  l)y  mistake  not  been  rei)oi-ted  and  included  in  the*  libel 
of  information,  le;ive  is  granted  to  amend  said  libel  of  in- 
formation tnnir  jiii)  liitic  ii\\i\  include  them. 

And  it  appearing  further  that  the  monition  had  been 

<^  issued  herein,  and  the  Marshal  has  returned  thereon  tliat 
he  had  attached  the  tlis  fur  seal  skins  and  two  shotguns, 
and  given  due  nolice  as  required  by  law  that  all  persons 
claiming  the  same  should  appear  before  this  Court  at  ten 
(10)  o'clock  A.  M.,  tills  2Mth  day  of  September,  188y,  at 
Sitka,  and  then   and   there  interpose  their  claims   and 


271 

(Exliibits  No.  !>7  ami  "  D.") 

mak(?  their  allef^ations  in  tliat  boiiaif,  and  at  said  time  and 
date  proclamation  was  dniy  niitde  as  re(|nired  by  law.  and 
no  claim  haviiifi  been  interposed.  a])peai'ance  or  (ieCense 
filed,  it  is  therefore  ordesed  tliat  all  persons  interested  in 
the  said  -llH  fur  seal  skins  and  two  shot-gnns.  I)0  adjudged 
in  contumacy  and  default,  and  tiie  ]il)el  of  information 
adjudged  and  taken  pro  confe.sso. 

lo  And  sail!  cause  having  been  submitted  to  th(*  Court 
upon  the  pleadings  and  evidence,  and  the (.'ourt  being  fully 
advised  in  the  premises,  and  having  filed  his  findings  of 
fact  and  conclusions  of  law  herein: 

It  is  therefore  ordeied,  sentenced  and  decreed  by  the 
Court  that  said  41.s  fur  seal  skins  and  two  shot-guns  be 
and  the  sanu  are,  for  the  reasons  set  out  in  the  libel  of 
iuformation  herein,  condenmed  as  forfeited  to  the  use  of 
the  United  Ktales.  And  it  is  further  ordered  that  the 
Clerk  of  this  Coui't  issue  to  the  Marshal  of  this  District 

20 the  usual  writ  of  venditioni  cvinmas  commanding  him 
to  cause  said  418  fur  seal  skins  to  be  transferred  fiom  his 
office  at  Ounalaska  to  San  Francisco.  California,  and  there 
to  sell  th(>  same,  and  tiiat  he  sell  said  t«o  shot-guns  in 
this  District;  that  he  give  at  least  ten  (10)  days'  notice  of 
the  time  and  place  of  such  sales,  and  to  pay  the  proceeds 
into  Court,  to  be  disposed  of  according  to  law. 

Tlie  Marshal  is  ordered  to  keep  a  separate  and  detailed 
account  of  all  the  expenses  connected  with  said  property, 
and  where  the  expense  is  connected  with  other  like  prop- 

3oerty  he  will  apportion  the  same  and  charge  the  above 
property  with  its  siiare  thereof  separately,  and  report  the 
same  to  this  Court  with  his  re])ort  of  sales. 

JOHN  H.  KEATLEY, 

Judge  Dist.  Court. 
(Endor.sed)— No.  20.— The  United  States  vs.  418  fur  seal 
skins.— Decree.— Filed  Sept.  28,  188!>.— H.  E.  Haydon, 
Clerk. 


40  The  following  portions  of  the  proceedings  against  418 
Fur  Seal  Skins  were  not  included  in  Exhibit  No.  i»7 
(G.  B.),  printed  above,  and  under  the  rights  reserved  for 
that  purpose  by  counsel  for  the  United  States,  have  been 
specified  by  them  as  a  separate  (U.  S.)  exhibit  to  be 
printed  in  connection  therewith. 

SUPPLEMENTAL  (U.  S.)  EXHIBIT  "  D." 

In  the  District  Couit.     Of  the  United  States  of  America, 
District  of  Alaska. 

Of  the  May  term  in  the  year  (.)ne  tbousaml  Eight  Hun- 

ed  and  I" 
The  Uniti 


50 


dred  and  Eighty  Xiiu 


S.  Revised  Statutes— Sec.  litat!. 


le  u  mied  States  ) 

vs.  Vj. 

418  fur  seal  Skins.  ) 

To  the  Honorable  John  H.  Keatley,  Judge  of  the  United 
States  District  Couit.  for  tiie  District  of  .\laska: 
The  libel  of  informalion    if   Whit.  M.  Orant,  Attorney 
of  the  Tnited    Slates    for   the    District    of   Alaska,    who 
60 prosecutes  on  behalf  of  the  rnitey  states,  and  being  pres- 
ent in  Court  in  his  proper  person,  ui  the  name  and  on  be- 
half of  the  said   United  States  against  the  418   fur 'seal 
skins,  and  against  all  {KTSons  intervening  for  their  interest 
therein  in  a  cuise  ot  forfeiture,  alleges  and  informs  as 
follows: 


i> 


1 

i 

1^ 

0 

It^ 

jin ; .. 

f  ! 

272 

(Exhibit  "D.n 

That  L.  G.  Shepanl  an  a^ent  of  the  Treasury  Depait- 
ment  of  the  United  States  on  duty  in  the  waters  ot  the 
District  of  Alaska,  heretofore  and  on  or  abont  the  Iftth 
day  of  July,  in  tlie  year  of  our  Lord,  One  thousand  eight 
hundred  and  eighty-nine,  at  or  near  Lat.  N.  55.11,  Longi- 
tude lti5.55  W.  in  Behring  Sea  and  within  the  Distiict  of 
Ahiska,   and   within   the  jurisdiction  of  this   Court,  on 

10  waters  navigal)le  from  the  sea  by  vessels  of  ten  (10)  or 
more  tons  burden,  seized  the  41S  fur  seal  skins, 
being  the  |)ro|)erty  of  some  person  or  persons  to  the  said 
Attoiney   unknown,   on    board    tlie   American   schooner 
"  Minnie," 

as  forfeited  to  the  United  States  for  the  followmg  among 
other  causiee: 

That  the  said  vessel  is  owned  by  a  citizen  or  citizens  of 
British  Columbia,  and  had  on  board  the  fur  seal  skins 
aforesaid,  said  seals  having  been,  taken  by  the  crew  of 

20  said  vessel  within  the  11  nuts  of  the  District  of  Alaska, 
and  the  waters  thereof,  that  the  fur  seal  is  naturally 
a  wat.  r  aniuial  whose  winter  aliode  is  unknown,  that  they 
are  timid  and  are  liable  to  be  driven  from  native  haunts 
by  shooting  or  other  unusual  noises  or  disturbances,  that 
they  appear  in  the  waters  of  Behring  sea  and  within  the 
District  of  Alaska  especially  about  St.  Faul  and  St. 
Georges  Islands,  and  iwoduce  th'ir  young  and  nurse  them, 
and  they  are  niutured  and  ulwa^  ■>  return  to  said  Islands 
and  waters  as  their  home,  that  ih  the  water  the  sexes  cau- 

30  not  be  distinguished,  and  many  t  us  killed  are  lost,  that 
their  comincrcial  value  is  contined  to  those  from  one  to 
five  years  old,  that  their  product  is  of  great  commercial 
value,  u.seful  and  necessary  to  the  comfort  and  enjoyment 
of  mankind,  that  seals  are  naturally  defenceless  and  if 
permitted  to  be  indiscriiuiuately  killed  will  soon  become 
extinct,  and  the  HU|)ply  exhausted,  and  the  said  Attor- 
ney saitb,  that  all  and  singular  the  premises  are  and  were 
true  and  within  the  admii'alty  and  maritime  jiu'isdiction 
of  the  United  States,  and  ot  this   Honoiable  Court,  and 

40tbat  by  reason  thereof,  and  by  force  of  the  Stalntes  of 
the  United  States  in  such  cases  made  and  provided, 
the  aforementioned  and  described  -tls  fur  seal  skins, 
become  and  are  fortVited  to  the  use  of  the  said  United 
States  of  America.  Wherefore,  the  said  Attorney  prays 
that  the  usual  process  and  monition  of  this  Honorable 
Court  issue  in  this  behalf,  and  that  all  persons  interested 
in  the  aforiMnentioned  fur  seal  skins  may  be  cited  in  gen- 
eral and  special  to  answer  the  iwcuiises,  and  all  due  pro- 
ceedings benig  had,  that  tlu;  said  4ls  tnr  seal  skms  etc. 

50  may,  for  the  causes  afcresaid,  and  others  appearing,  be 
condemned  to  the  use  of  the  United  States  n{  America, 
according  to  the  foriu  of  the  Statutes  of  the  United  States, 
in  such  cases  made  and  p'ovided. 

WHIT.  M.  GKANT, 
U.  S.  Atty.  for  District  of  Akiska. 

(Endorsed)- No.  203.-  The  United  States  vs.  41s  fur  seal 
skins.— Libel  of  Information. — Filed  September  14, 
188'J.— H.  E.  Haydon,  Clerk. 

60     Sept.  14,  Issit. 

Let  the  monition  i.ssue  returnable  on  the  "isth  day  of 
Sept.,  lS8tt,  with  one  publication  in  the  newspapers. 

JNO.  H.   KEATLKY, 

Judge  Dist.  Court. 


^mm 


(Exhibit  "  D  "  and  No.  !)S.) 

And  aftt>r wards  to  wit,  on  S(>|)toml)er  2H,  l^s'.t.  tiruliiij^s 
of  ''act  and  conclusions  ot'  law  l)y  tiii'  Court  were  tiled  in 
said  cause,  wliicli  arc  in  words  and  tlgures  foliowinj?, 
to  wit: 

In  tliH  United  States  District  Court,  District  of  Alaska. 

The    United    states  |  j^-,,   ^O:'..     Findings  of  fact  and  con- 
•041S  fur  seal    skins,  j      ''I'-^ion^  of  law. 

This  cause  haviuj;-  been  tried  and  submitted  to  the  Court 
on  the  ]»leadings  and  evidence,  the  Court  finds  the  follow- 
ing  facts: 

First.— 'I'hat  on  July  l."ith,  1H8I»,  and  pi'ior  therc^to,  the 
crew  of  the  British  schoou(M'  "  Minnie  "  were  eii^a^ed  in 
killing  and  did  kill  fur  seals  in  that  ])ortion  of  Behi'iiig  sea 
ceded  to  the  United  Stat(>s  by  Uussia,  and  within  the 
waters  of  the  District  of  Alaska  in  violation  of  the  laws 
oftlie  United  States,  and  on  said  (late,  at  Latitude  ."i.").  1 1 
20 North,  Longitude  ltlij..">tl  West,  bad  on  board  4IS  fur  seal 
skins,  taken  in  said  waters,  and  two  shot  guns  used  in 
taking  said  seals. 

Second.- That  said  418  fur  seal  skins  and  two  shot  guns 
wevt'  seized  for  violation  of  said  laws  by  the  Coiiunander 
of  iiie  Kf-venue  ilaiine  vessel  "Jiush."  eu'^aged  in  the 
Revenue  Marine  Service  of  tiie  Uniti'd  Stat'  s,  l)y  order  of 
the  President  of  the  United  States  and  by  authority  of  the 
Secretary  of  the  Treasury. 

Third. — That   said  property,    when    so  seized,   was  de- 
Soiivered  by  said  officer  to  the  United  States  Marshal  for  the 
District  of  Alaska,  and  it  is  now  in  his  custody  and  within 
the  jurisdiction  of  this  Court. 

Fourth.  -  That  fur  seals  are  water  animals  that  appear 
annually  in  the  wat(M's  of  Alaska,  and  especially  about  St. 
Paul  and  St.  (ieorge  Ids.  in  Behring  s(,'a.  .and  on  said 
islands  produce  and  nurture  their  young,  and  make  said 
islands  their  home,  but  disapi)ear  in  the  winter. 

That  they  are  usually  killed  by  marauding  vessels  by 
shooting  in  the  watei'  where  the  sexes  cannot  be  distin- 
40guislied,  and  many  thus  killed  are  lost,  and,  l)i'ing  timid 
and  defenceless,  are  easily  frightened  liy  such  unusual 
noises  and  diHtuibance.  anil  are  liable  to  be  thus  driven 
and  kept  away  from  their  native  h.iunts  and  the  su|)ply 
exhausted,  and  they  become  e.xtinct  by  indiscriminate 
shooting  and  killing. 

'J'heir  value  is  contined  lo  those  from  one  to  ilve  years 
old,  and  their  product  is  of  great  commercial  value,  useful 
and  necessary  to  the  comfoit  and  enjoyment  of  mankind. 

As  a  conc'lusion  of  law  the  Court  finds  that  the  4ls  fur 
SOseal  skins  and  1'  >hot  guns  bi'coine  and  ,ire  forfeited  to  the 
use  of  the  United  Slates,  and   tlic   plaintilf  is  entitled  to  a 
deci'ee  declaring  the  same  accordin^lv. 

Septembei'  l's,  ISsii.  J(JlL\'  M.  KKATLKV. 

Judge  District  Court. 
(Endorsed)  -No.  2(i;i.-The  United  States  vh.  41  w  fur  seal 
skins. — Findings  of  fact  and  conclusions  of  lavrby  the 
Court. -Filed    September   -js,    ISSI1.--H.  E.   Havdon, 
Clerk. 


60 


Clain    No.  19    "Ariel." 

EXHIBIT  No  98  (G  B.),  CLAIM  No.  19. 

Transcrijit  of  ix'egistr  —Schooner  "Ari(;l  "  ncjw  "Ada," 
dated  Ajiril  2.  1M>1. 

By  order  of  the  Commissiouei^,  on  consent  of  counsel, 
this  exhibit  is  not  prirfted. 


274 


P  W' 


(Exhibit  No.  itit.^ 
Claim  No.  14, '*  Pathfinder." 

EXHIBIT  No.  90  (G-  B.),  CLAIItt  No.  14. 

Transckipt  of  Rkgistrak  for  Transmission  to  Chief  Kkgistrar  of  Shipping. 


lO 


Ofliciiil  Nuinlier  ■ 

7ft,nti8. 


.f  Ship. 


Nniru'  (if  Ship. 
pHlliliiidt'i'. 


No.,  Dale  1111(1  Port  of  UuKintry. 
No.  1  of  18S6.     Victoria,  B.  C. 


No.,  Dnt«  mid  Port  of  pifvlons  Ucitistrv  (if  any). 
No.  17.     17lli  Mny,  l»Hi>.     Port  of  lliii'if».\,  N"s. 


Whetluii     Britisli    or      Whether    u    Siiiliinf    or   !       Wlicru  Hiiilt. 
Kori'i;;!!  hiiill.         i     steiiiii    BJiip ;    iiml    if    h 
sifaiii     sliip,     how    pro- 
pelled. I 


20 


Hritiah. 


Sailing. 


Number  of  Decks One. 

Nninlicr  of  Masts. . Two. 

ItiUged Schooner. 

Stern    Square. 

Build Carvel. 

(ialliM'ips None. 

,Q  II«ad .  Serowl. 

■^     Framework Wood. 


When  liulil. 


Name  and  Addrets  of 
Builders. 


Kin);ston.   Kent, 
N.  B. 


May  24th, 
1879. 


Length  from  fore  part  of  item,  under  bowsprit, 
to  the  ilft  nide  of  the  head  of  the  stern  post.  .  . 

Main  breadth  lo  oulside  of  plank 

Depth  in  hold  frniii  tonnage  deck  to  ceiling  at 
midships 

Depth  in  hold  from  upper  deck  to  ceiling  at  mid- 
ships, in  the  case  of  three  decks  and  upwards. 

Length  ut  engine  ronin,  if  any 


Feet.    Tenths. 


68 
21 


Particulars   of   Tonnage. 


Gross  Tonnage. 

Under  Tonnage  Deck 

Closed-in  sjiaceH  above  the  Tonnage  Deck, 

if  any 

Space  or  spaces  between  decks 

4o!:""''-  „ 

^     I'orecadle 

Koiiiid  House 

Other  closed-ill  spaces,  if  any,  as  follows: 
Trunk 

Oros>.  Tonnage 

Deductions  as  per  Contra 

Regislered  Tonnage   


No.  of  Tons. 
66.(12 


8.86 


69.88 
3.86 


66.02 


Deductions  allowed. 

On  account  of  space  reipiired  for  propel- 
ling power   

On  account  of  spaces  occupied  by  Seamen 
or  Apprentices  and  appropriated  to 
their  use,  and  kept  free  from  goods  or 
stores  of  every  kind,  not  being  the  per- 
sonal property  of  the  crew 

These  spaces  are  the  following,  viz.: 
Trunk 

Total  deductions 


No.  of  Tons. 


50 


Names,  Residences,  and  Description  of  the  1 
Owners,  and  Number    of   Sixty  fourth  >  vii., 
shares  held  by  each,  ) 

William  Munsik, 

of  Victoria,  B.  C, 
Grocer, 

Sixty-four  shares. 


S.86 


8.86 


Name  changed  by  order  in  -council  dated 
28th  April,  1890,  changing  the  name 
from  PatliKiider  to  Pioneer  'n  accord- 
ance with  the  requirements  of  the 
21  St  section  of  Chapter  7S  of  the 
Revised  Statutes  of  Ca:iada. 


Dated  5th  January,  1886. 


Registrar    W.   HAMLEY. 


60 


275 

(Exhibit  No.  {•!».) 

Copy  Transactions  Subsequent  to  Ueoistky  for  Transmission  to  Reqis- 
trar-General  ok  Shipping  and  Seamen. 


Nntnberol 
Triiii^iictions. 


lO 


20 


Name  of  Pit- 
«on  f  1'  o  ni 
whom  Title  ia 
derived. 


Number  of 
HlinreB  tif- 
fected. 


Dnte  of  Registry.  !   Saturis  mid  date     of 
Transaction. 


Willinin  Mun- 
tiie. 


16 


12  Jnnnnrv,  188B, 
lO.mi  A.  M. 


Hill  of  Sale  dati'd  I8II1 
Deceiiilur,  188B. 


■William  Mun- 


32 


12  January, 188B, 
I     nt  10.3fi  A.  u. 


mil  of  Sale  dated  IStli 

I)pcciiiber,  188B. 


Name,  Ui'sidfnce 
and  Occupation  of 
Transferee,  Mort- 
(yagec,  or  other 
IVrsiin  acquiring 
Title  or  Power. 


Frederick  Carne, 
,lr.,  Victoria, 
B.  ('.     Grocer. 


William  Munaie  and 
Frederick  Carnc, 
■Ir..  joint  owners, 
both  of  V'icloria, 
B.  ('.     Grocers, 


8 

William  Mun- 
sie  and  Fred- 
erick Carno, 
Jr.,    joint 
owners. 

16 

12  January, 1886, 
at  10.40  A.  M. 

Mori  Kane    A,    dated 
ISIb   December,  for 
^1,107,  eleren  hun- 
dred and  seven  dol- 
lars. 

Andrew  J.  Bechtel, 
of  Victoria,  B.  C. 
Hotel  Proprietor. 

4 

30 

AVilliara  Mun- 
sic  and  Fred- 
erick  Game, 
Jr.,     joint 
owners. 

16 

12  January, 1886. 

1(1.40  A,  M. 

Mortgage     B.  dated 
18lh  Dec,  1886.  for 
♦  1  107,  I'.leven  hun- 
dred and  seven  dol- 
lars. 

Myrc    N.    Bechtel, 
of  Victoria,  B,    C. 
Hotel  Proprietor. 

5 

My  re  N.  Becb- 
tel. 

16 

November    4th, 
1890,  at  4  V.  u. 

Discharge   of   Mort- 
gage H,  for   *  1,1 07 
(Eleven        hundred 
and    seven  dollars). 
Ueceipt   dated    4th 
day    of   November, 
18il0. 

William  Munsie  and 
Frederick    Carne, 
Jr.,        merchanls, 
Victoria,     B.    C, 
joint  owners. 

40 

6 

William  Mun- 
sie,    Freder- 
ick Carne,Jr. 

8 

November    4th, 
1890,  4  P.  M. 

Hill    of    Sale,    dated      Went  worth     K. 
4tb  day  of  Novero-        Baker,  of  Victoria, 
ber,  1  b90.                    ,     B.  C. 

Master  Mariner. 

7 

William  Mun- 
sie.Frederick 
Carne,  Jr. 

November    4tli, 
ISltO,  at  4  r.  m. 

Bill  of  Sale  dated  the 
4th  day  of  Novem- 
ber, 1890. 

Arthur  E.  Morgan, 
of  Victoria,   B.  C. 
.Master  Mariner. 

50 

A  11  d  r  e  w  J. 
Becbtel. 

16 

May  8th,  189;i, 
at  2  p.  u. 

Discharge  of    Mort- 
gage A   for  ^1,107. 
Receipt  dated  2l8t 
April,  1893, 

William  Munsie  and 
Fieiierick     Carne, 
Jr.,  Victoria,  B.  C. 
Merclianls.     Joint 
owners. 

fl 

William  Munsie. 

16 

28  October,  1893 
at  3.  BO  p.  M, 

Bill  of  sale  dated  6 
of  October,  1893. 

George  J.  W.Brown, 
Victoria,     B.      C. 
Farmer, 

10 
60 

Frederick 
Carne,  Jr. 

16 

23  October,  1893 
at  3.15  r.  M. 

Bill  of  sale  dated  «th 
October,  1893. 

11 

William  Mun- 
sie, Frederick 
Carne,      Jr., 
joint  owners. 

16 

2;ird  October. 
1893,  at  3.1h  p.  M 

Bill  of  sale  dated  6th 
October,  1H93. 

27<i 


m ' 


(Exliil)itH  Nns.  ](»0  and  (U.  S.)  1:5  and  14.) 


40 


50 


60 


XniiiIxT  of 

'rrniiMiictions. 

Niiiiie   uf  Per- 
Kiiii        fro  III 
wlidii,  Tillu  U 
cici'ivod. 

NiiinlitT    <if 
Hlmri'H    nf- 
L'cled. 

IihIc  iif  Itc'ulslry. 

NHtiii'f  mill  ilali'  nf 
Iraii-^iiclioii. 

Niiinc,  Uc^ideiipe 
mid  (lcTii|iali(iii  nf 
Trflinforee,  Mori- 
)ja(;ct',  iir  (ilher 
IVrndii  »o(|iiiriii({ 
Title  dr  Tower. 

'O                12 

Wnitw(irtli  E. 
Knkur. 

8 

2»r(l  October, 
18»3,  ul  8.5(1  i>.  M. 

Hill  orHlllo  (IlltOllUlll 

OclllllIT,    IS'.l.'i. 

18 
20 

Arthur  K.  Mor- 

8 

•iUrd  OctoliiT, 
ISWit,  lit  3. Ml  p.  M. 

Arlliiir     v..     Miirtfiiii 
(lies  (HI  or  nliiiiil  till' 
mil      rjiiy     i)f      I'Vli- 

riiiiry,    is'Jl.     Wil. 
liiiiii     Miiii«if      ii|i. 
pointiMl  HiliiiiiiiHtra- 
t(ir  of  lii-i  est  ul  CI  1111(1 
pffi'i'lii   liy  order   of 
till'  Siiiirciiii-  t^iiiirt 
(iriiritiali  Ciiliiinbiu, 

William  MiiiiHie,  of 
Victoria,  li,  C. 
Mcrclinnt. 

14 

William  Munslc. 

8 

23ra  October, 
18P3. 

Bill  (if  aale  dntiid  fitli 
OctdlxM-,  18113. 

Oeorfjol.  W,  Brown, 
ViotoriR,  H.  0. 
Farmer. 

IB 
30 

Ccoi'tte  .1.  \V. 
Hrown. 

64 

23r(l  Octoiuir, 
181I3,  nl4  r.  M. 

Kill  of  snlu  (luted  23rd 
Ooldlier,  1893. 

W  e  II  t  w  0  r  t  h  E. 
linker,  of  Victoria, 
B.  C.  Master 
Mariner. 

Claim  No.  19,  '' Ariel"  (Continued). 

EXHIBIT  No.  100  (0.  B.),  CLAIM  No.  19. 

Momoraiulnin  book  for  ISHit  belonginj^  to  S.  W.  Buck- 
man. 

Hy  Older  of  tlie  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 

Claim  No.  14,  "Pathfinder"  (Continued). 
United  States  Exhibits. 

.EXHIBIT  No.  13  (U.  S.),  Claim  No.  14. 

Twenty  leceipts  for  \va<^es  due  to  officers,  hunters  and 
crew  of  sc'lioducr  "  Pathtiuder,"  season  of  issii,  all  dated 
August  ;'.l,  issit,  except  the  captain's,  which  is  dated  Sep- 
tember ;'.,  iss'.i. 

By  ordei'df  the  ConunissiontU's,  on  consent  of  counsel, 
this  exhibit  is  not  ])nnted. 

EXHIBIT  No.  14  (U.  S.)  CLAIM  No.  14. 

MoRTCAOli;  Tl)  SkCUKK    rWlNCIl'AI.   Sl'.M    AND    IM'KKKST  SlIIl' 
"  PATIIFINUKlt." 


(The  description  of  the  vessel.  ap])eari 
same  as  given  in  Kxliiliit  .\o.  HH  (G.  B.)  pi 
by  consent  of  counsel  is  omitted.) 

We  the  undersigned  "  (irocers  "  of  the 
Province  of  British  (Jolumbia,  Frederick 
William  Munsie,  in  'consideration  of  Elev 
Seven  dollars  this  d;  y  lent  to  us  by  Am 
hotel  proprietor,  of  '^ietoria.  British  Colu 
for  ourselves  and  our  heirs  covenant  with 


nir  here,    is    the 
'inted  above,  and 

City  of  Victoria, 
Carne,  Jr.,  and 
en  Hundred  and 
Irew  J.  Bechtal, 
mbia,  do  hereby^ 
the  said  Andrew 


'^mw 


(Exhibits  Nos.  U  iiiui  IT).  U.  S.) 

J.  Bechtal  firstly:  That  wt>  or  our  heirs,  executors  or  ad- 
ministrators, will  pay  to  the  said  Andrew  J.  Bechtal  the 
said  sum  of  Eleven  Hundied  and  Seven  dollars  ("  together 
with  interest  thereon  ;it  the  rate  of,"  stricken  out)  with- 
out interest  (  per  annum  on  tht!  day  of,"  stricken 
out)  on  demand  ("  next;  and  secondly,  that   if   the   said 

Erincipal  sum  is  not  paid  on   the  said  day  or 

eirs,  exectors  or  administrators,  will,  during  such  time 
"as  the  same  or  any  part  thereof  shall  remain  uiinaid,  pay 
to  the  said  interest  on  the  whole  or  such  part  tnereof  as 
may  for  the  time  being  remain  iin|)aid,  at  the  rate  of 
per  cent,  per  annuu),  l)y  ecjual  half  yearly  payments  on 
the  day    of  and  day    of  in 

every    year;    and     for     better     securing    to,"    stricken 
out)"    the      said      Andrew      J.      Bechtal     the       repay- 
ment   in    manner    aforesaid     of     the     said     principal 
sum     ("and    interest,"    stricken  out)  we    hereby  mort- 
20 gage  to  the    said    Andiew    J.    Bechtal    sixteen  shares, 
of  which  we  are  the  owners  in  the  ship  above  particularly 
described,  and  in  her  boats,  guns,  annnunition.  sniallarms 
and   appurtenances.     We  declare   that  this  Mortgage  is 
made  on  condition  that  the  Power  of  Sale  which  by  the 
Merchant  Shipping  Act,  Is.H,  is  vested  in  the  said  Andrew 
J.  Bechtal  ('"shall  not  be  exercised  until  the  said  day  of 
"  stricken  out).     Lastly,  wtj  for  ourselves  and 
our  heirs  covenant  with  the  said  Andrew  J.  Bechtal  and 
his  assigns  that  we  have  ))ower. to  mortgage  in  manner 
30  aforesaid  the  above  mentioned  shares,  and  that  the  same 
are  free  from  incumbrances  whatsoever  and  wheresoever. 
In  witness  whereof  we  have  hereunto  subscribed  our 
names  and  affixed  our  seal  this  Eighteenth  day  of  De- 
cember, one  thousand  eight  hundred  and  Eighty-tive. 

WM.  MUNSIE.  [SEAL.1 

FRED'K.  CARNE,  Jr.     [seal.] 
Executed  by  the  above  named  Frederick  Carue,  Jr. 
&  William  Munsie, 
in  the  presence  of  Wm.  J.  Pendroy 
40     Registered  at  the  Port  of  Victoria,  B.  C. 
12th  January,  188(3  Folio  51.     Book  B. 
W.  Hamley. 
(Endorsed).— Registered  At  the  Port  of  Victoria,  B.  C.  May 
8th,  1803.     At   2   P.  M.     Folio   141>   Book   B.     A.  R. 
Milne  Registrar 
Received,  the  sum  of  Eleven  Hundred  and  Seven  Dol- 
lars with  Interest  in  discharge  of  the  within  written  secur- 
ity.    Dated  at  Victoria  B.  C.  The  21st  day  of  April,  18():i 

A.  J.  BECHTAL        [seal.) 
5°     Witness  F.  A.  Gowen 

Of  Victoria,  B.  C. 


EXHIBIT  No.  15  (U.  S.),  CLAIM  No.  14. 

Mortgage,  to  Secure  Principal  Sum  and  Interest  Ship 
"  Pathfinder." 
(The  description  of  the  vessel  appearing  here  is  the  same 
as  given  in  Exhibit  No.  99  (Ci.  B.),  printed  above,  and  by 
consent  of  counsel  is  omitted). 
^0     We,  the  undersigned   "Grocers"  of  the  City  of  Vic- 
toria, Province  of  British  Columbia,  Frederick  Carne,  Jr., 
and  William  Munsie,  in  consideration  of  Eleven  Hundred 
and  Seven  dollars  this  day  lent  to  us  by  Myie  N.  Bechtal, 
Hotel  Proprietor  of  Victoria,  British  Columbia,  do  hereby 
for  ourselves  and  our  heirs  covenant  with  the  said  Myre 


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(Exhibit  No.  ir.,  U.  S.) 

N.  Bet'htal,  firstly:  That  we  or  our  heii-s,  executors  or 
administrators,  will  |»av  to  the  said  Myre  N.  Bechtal  the 
said  sum  of  Kleven  Hundred  and  Seven  dollars  ("  tof;ether 
with  interest  thereon  at  the  rate  of  "  stricken  out)  without 
interest  ("  per  annum  on  the  day  of."  stricken  out), 

on  demand  ("next;  and  secondly,  that  if  the  said  princi- 

f>al  sum  is  not  paid  rtn  the  said  day.  or 

leirs,  executors  or  administrators,  will,  during  such  time 
as  the  same  or  any  part  thereof  shall  remain  unpaid,  pay 
to  the  said  intert'st  on  the  whole  or  such 

part  thereof  as  may  ff)r  the  time  l)eing  remain  unpaid,  at 
the  late  (»f  per  cent,  perannum.  hyecpial  half  yearly 

payments  on  tiie  day  of  and 

day  of  in  every  year;  and  fctr  lietter  securing 

to,"  stricken  out),  the  sjiid  Myre  N.  Bechtal  the  repay- 
ment in  manner  at'oresiiid  of  the  said  principal  sum 
("and  interest."  stricken  out*,  we  hereby  mortgage  to 
2othe  said  M\re  N.  Reclital  Sixteen  shares,  of  which 
we  are  the  owners,  in  the  ship  above 
|)arti('ularly  described,  and  in  her  boats,  giuis,  annnnni- 
tioii.  small  arms,  and  appurtenanci-s.  We  declare  that 
this  Mortgage  is  made  on  condition  chat  the  Power  of 
Sale  which  by  the  .Merciiant  Shipping  Act.  I^.">4.  is  vested 
in  the  said  Myre  N.  Hecbtal  ("  shall  not  be  exercised 
until   the  said  day  of  ."  stricken  out ». 

Lastly,  we  for  ourselves  and  our  heirs  covenant  with  the 
said  Myre  N.  Bechtal  and  assigns  that  we  have 

30 power  to  mortgage  in  mannei-  aforesaid  the  above  men- 
tioned sliaies.  and  that  the  same  are  free  fr<»m  incun)- 
brances  whatsoever  and  wheresoever. 

In  witness  whereof   we  h.iv)>  hereunto  sid>s(ribed  our 

name  and  atiixed  our  seal  this    Eighteenth  day  l>e(;ember 

one  thousand  eight  hundred  and  Kightv  five. 

\VM.  MINSIK.  ■ 

FKKI).  K.  CAKNK,  .Jk. 

Executed  by  liiealiove  named  | 

Krederick  Carni'.  .Jr.  it  W  ii-  1 

Ham  Mnnsie  in  tlii>  presence  { 

of-  ) 

\VM.  .1.  TKNDHrjY. 
Registered  at  the  Port  of  Victoria,  B.  C. 
]ss»l.     Folio  .M.     Book  B. 

W. 
(Endorsement)— In    consideration   of    the 

Thousand  Dollars  (Si.ooo.ou)  being  the  whole  of  the 
principal  sum  due  upon  the  within  Mortgage,  the 
receipt  and  payment  of  which  I  hereby  acknowledge 
I,  the  Administrator  of  the  |M'rsonal  <'state  of  tne 
within  Mortgagee,  do  her.?by  release  and  discharge 
the  within  named  vessel  "  Pathfinder"  and  the 
Mortgagors  herein,  namely  Frederick  Carne,  Junior 
and  William  Mnnsie,  from  all  claims  and  demands  in 
respect  of  the  principal  sum  within  mentioned,  and 
liereunder  due. --Dated  the  4th  day  of  November,  A. 
D.  isito.— Geo.  W.  Haynes  |  seal  J.  -Administrator  of 
the  estate  and  effects  of  Michael  Nehemiah  Bechtel, 
deceased,  (and  in  the  within  Mortgage  called  Myre 
N.  Bechtel),  by  Letters  of  Administration  dated  ihe 
22nd  day  of  October,  A.  D.  IHUO.  -Witness  A.  L. 
Belyea. 
Registered  at  the  Port  of  Victoria,  B.  C,  November  4th, 
1890.     At  4  P.  M.     Folio  141>.    Book  B. 

A.  R.  MILNE, 
Registrar. 


[mkai..  1 

■HKAL.] 


40 


,  l-Jtb  January, 

H.  UMLKV. 
sum    of    One 


50 


60 


87(» 

(Exiiibit  No.  l«i,  U.  S.) 

EXHIBIT  No.  16  (U.  8.)  CLAIM  No.  14. 

Certified  copies  of  L\\w\,  Amended  Libel  Jind  Decree  in 
proceedings  in  United  Stales  District  Conrt  in  Alaska  in 
case  of  United  States  vs.  sr.M  Fur  Seal  Skins. 

In  the  District  Court  of  the  United  States  of    America, 
Disnict  of  Alaska, 
'o     Of  the  May  term  in  the;  year  one  thousand  eight  hun- 
dred and  eighty-nine: 

The  United  States        ] 

rs.  (^  No.  i'(»4.     U.  S.  Revised  Stat- 

8.53    F'jr    Seal     Skins,    4  [  uli-s,  Sec.  iiOfi. 

Rifles  and  Sshot  (Jims.     J 
To  the  Honorable  John    H.  Keatley,  Judge  of  the  United 
Stat»^s  District  Court  for  the  District  of  Alaska: 
The  lilu'l  of  information  of  Whit   M.    (irant,    .Attorney 

2Qof  the  United  States  for  the  Distiict  of  Alaska,  who  prose- 
cutes on  behalf  of  the  United  States,  and  being  present  in 
Court  in  bis  proper  person,  in  the  name  and  on  behalf  of 
the  said  United  States  against  the  s:,:i  fur  seal  skins,  and 
against  all  |»ersons  intervening  for  their  interest  therein 
in  a  case  of  forfeiture,  a  leges  and  informs  as  follows: 

That  I.  (J.  ShepanI,  an  agent  of  the  Treasury  Depart- 
ment  of  the  United  States  on  duty  in  the  waters  of  the 
District  of  Alaska,  heretofore  and  on  or  abont  the  2!tth 
day  of  July  in  the  year  of  om-  Lord  one   thousand   eight 

-Qbundred  and  eighty  nine,  at  or  near  Latitude ."»7.i'4  N.  Lon- 
gitude 177.."»."i  VV.  in  Hehring  Sea  an*'  )vithin  the  District  of 
Alask'i.  and  within  the  juiisdict  >n  of  this  Court,  on 
waters  navigable  fron  the  sea  by  ve.ssels  of  ten  (in) 
or  more  tons  bnrden,  .seized  the  s'-:\  fnr  seal  skins,  4  rifles 
and  M  shot  guns,  being  the  property  of  some  person  or  per- 
tons  to  tin-  said  attorney  unknown,  as  forfeitetl  to  the 
United  States  for  the  following  among  other  causes: 

That  the  Miid  vessel  is  owned  by  a  citizen  orcitizens  of 
British  Columbia  ami  bad  on  boinl  the  fnr  seal  skins 
aforesaid,  said  seal  having  been  taken  by  the  crew  of  the 
said  vessel  within  the  limits  of  the  Distrii  t  of  .Ma-^ka,  and 
the  waters  thereof,  that  the  fnr  seal  is  naturally  a  water 
animal  whose  winter  abode  is  unknown,  that  they  are  timid 
and  liable  to  be  drivtMi  from  their  native  haunts  by  shoot- 
ing and  other  unusual  noises  (irdisturbaiii-es.  that  they  ap- 
pear in  the  waters  of  Hehring  Sea  and  within  the  District 
of  Alaska,  and  espei  ially  about  St.  I'aul  and  St.  (ieorge 
Isbinds  and  produce  tlieir  yonng  and  nurse  them,  and 
they  are  nutiu'«'d  on  and   always   return    to   said  Islands 

eoand  waters  as  their  home,  that  in  the  watr  the  sexes  can 
not  be  di.stinguisbed,  and  many  killed  in  the  water  are 
lo.st.  that  their  commercial  valui'  is  cuntiiied  to  those  from 
opie  to  five  years  old.  that  their  product  is  of  great  com- 
mercial value,  useful  and  necessary  to  the  comfort  and  en- 
joyment of  mankind,  that  seals  are  naturally  defenseless 
and  if  |»ermitted  to  be  indiscriminately  killed  will  soon  be- 
come extinct  and  the  supply  exhausted,  and  the  said  at- 
torney saith,  that  all  and  singular  the  premises  are  and 
were  true  and  within  the  admiralty  and  marit  me  jurisdic- 

ggt'on  of  the  United  States,  and  of  this  Honorable  Court, 
and  that  by  reason  thereof,  and  by  force  of  the  Statutes  of 
the  United  States  in  such  cases  made  and  provided,  the 
aforementioned  and  clescribed  858  fur  seal  skins  and  guns 
become  and  are  forfeited  to  the  use  of  the  United  States 
of  America.     Wherefore,  the  said  Attorney  prays  that  the 


40 


StM) 


( Exhibit  No.  1«.  U.  S.) 

usual  proce!«sand  iiionitinn  of  this  Honorable  Court  it-sueiii 
this  i)ehalf,  and  that  all  iwrsons  interested  in  the  afore- 
mentioned fur  ^eal  skins  may  be  cited  in  general  and 
special  to  answer  the  premises,  and  all  due  proceedings 
being  had,  that  the  said  858  fur  seal  skins  and  guns  may, 
for  the  causes  aforesaid,  and  others  appearing  be  con- 
demned to  the  use  of  the  United  States  of  America,  acconj- 
loing  to  the  form<»f  the  Statutes  of  the  said  United  States, 
in  such  cases  made  and  provided. 

WHIT  M.  GRANT, 
(Endor8e<l. )  United  Slates  Attorney  for  the 

District  of  Alaska. 

Sept.  14,  1S«1». 

Let  the  monition  issue  returnable  on   the  2Hth  day  of 
Sept.  188!),  with  one  publication  in  the  newspapeix. 

(Endorsed)— No.  204— The  United  States  rs.  h.  ;{  fur  seal 
skins  and  Liliel  of  Information.— Filed  Sept.  14,  18S!«. 
— H.  E.  Haydon,  Clerk. 


20 


If! 


'i 


And  afterwards,   to- wit.  on  September  28th,  1h8»,  an 
amended   liliel  of  information   was  filed   in   said  cause, 
which  is  in  words  and  figures  following,  to-wit: 
In  the  United  States  i3istrict  Court.    District  of  Alaska. 
The  United  States        ] 

rs.  [  No.   204.     Amended   l\\\e\   of 

8.5B  fin-  seal  skins,  8  shot  |      information. 
30     guns  and  4  rifles.  J 

Now  comes  Whit  M.  (Jrant,  United  States  Attorney,  by 
leave  of  Court  fii-st  had  and  obtained  and  amends  the  libel 
of  information  herein  and  shows  to  the  Court  that  in  addi- 
tion to  the  858  fur  seal  skins  8  shotguns  and  ten  lifles 
there  were  also  six  boxes  of  ammunition  consisting  of 
about  iMW  brass  shells  and  48o  cartridges,  and  plaintiff 
alleges  in  relation  thereto  as  by  said  libel  of  information 
already  alleged  and  prayed. 

WHIT  M.  GRANT, 
40  U.  S.  Atty.  for  Plaintiff. 

(Endorsed)— No.  204.— The  United  States  vs.  853  fur  seal 
skins.  Amended  Libel  of  Information. — Filed  Sep- 
tember 28,  188!».— H.  E.  Haydon.  Clerk.— Whit.  M. 
Grant,  U.  S.  Attorney  for  Plaintiff. 


And  afterwards,  to  wit,  on  Septemlier  28th  the  following 
further  proceedings  were  had  in  said  cause  and  appear  of 
record,  which  are  in  words  and  figures  following,  to  wit: 
50  At  a  Stated  Term  of  the  District  Court  of  the  United 
States  in  and  for  the  District  of  Alaska,  held  at  Sitka,  in 
said  District,  on  the  28th  of  September,  1889. 

Present— Hon.  John  H.  Keatley,  District  Judge. 

The  United  States     ) 

vs.  >  No.  204.     Decree. 

853  fur  seal  skins.     ) 

This  cause  came  on  to  be  heard  on  motion  of  Whit.  M. 
Grant,  United  States  District  Attorney,  and  it  appearing 
to  the  Court  that  six  boxes  of  ammunition,  contaming  <t3i) 
"°  brass  shells  and  480  cartridges,  seized  with  the  853  fur 
seal  skins,  8  shot  guns  and  4  rifles,  had  by  mistake  not 
been  rei)orted  and  included  in  the  libel  of  information 
nunc  pro  tunc  and  include  the  same. 

And  it  appearing  further  that  the  monition  had  lieeu 
issued  herein,  and  the  Marshal  has  returned  thereon  that 


2S1 

(Exhibits  Nos.  1*(,  17  U.  H.,  and  101  and  l)ii>.) 

he  iiad  attached  the  sM  fur  seal  skins,  8  shot  auuti  and 
4Kn  cartridgfB,  and  ^ivi-n  duo  notice,  as  required  by  law, 
f^nt  all  persons  claiming;  tlit*  sann*  should  a|»|H»ar  l>efore 
this  Court,  at  10  o'clock,  A.  M.,  this  2Sth  day  of  Septemlier, 
188!>,  at  Sitka,  and  then  atx!  there  interpose  their  claims 
and  make  their  alleviations  ii.  i.iat  bi.'half,  and  at  said 
time  and  date  proclamation  was  duly  made  as  required 

10 by  law,  and  no  claim  having  lH>en  interposed,  ap|M>arance 
entered,  or  defence  flU'd,  it  is  therefore  ordered  that  all 
persons  interested  in  the  said  ^H'A  fur  seal  skins,  8  shot 
puns,  4  rifles,  tiaji  brass  shells,  and  4ho  cartridges,  be  ad- 
judged in  contumacy  and  default  and  the  libel  of  informa- 
tion adjudged  and  taken  ftntvtmfrssn. 

And  said  cause  having  been  submitted  to  the  Court 
U|)on  the  pleadings  and  evidence,  and  the  Court  being 
fully  advis(Hl  in  tl':i>  premises  and  having  flied  hisflndings 
of  fact  and  conclusions  of  law  herein. 

2o  It  is*  therefoi"e,  ordered,  sentenc»'d  and  decreed  by  the 
Court  that  said  s.v,  fur  seal  skins,  s  shot  guns,  4  rifles, 
63t>  brass  shells,  and  4S0  cartridges,  be  and  the  same  are, 
for  the  reasons  set  out  in  the  libel  of  information  hereio 
condemned  as  forfeited  to  the  use  of  the  United  States. 

And  it  is  further  ordered  that  the  Clerk  of  this  Court 
issue  to  the  Marshal  of  this  District  the  usual  writ  of 
veudHiind  exintuas  commanding  him  to  cause  said  H.'i.S  fur 
seal  skins  to  m  transferred  from  bis  t»ttice  at  Ounalaska 
to  San  Francisco,  California,  and  there  sell  the  same,  and 

JO  that  he  sell  said  H  shot  guns,  4  rifles,  «>:v.>  brass  shells  and 
4S0  cartridges  in  this  district.  That  he  giv««  at  least  ten 
days  notice  of  the  time  and  pla(;e  of  such  sales  and  to  pay 
the  proceeds  into  Court  to  be  disposed  of  according  to  law. 
Said  rifles  and  carti'idges  not  to  l»e  sold  to  Indians. 

The  Marshal  is  ordered  to  keep  a  separate  and  detailed 
account  of  all  the  e.\penses  connected  with  said  property, 
and  where  the  ex()ense  is  connected  with  other  like  prop- 
erty he  will  apportitm  the  same  and  charge  the  above 
property  with  its  share  thereof  separately,  and  report  the 

^osame  to  this  Court  with  his  report  of  sales. 

*  JOHN  H.  KEATLKV, 

Judge  Dist.  Court. 
(Endorsed)— N«».  204.— The  United  Slates  vs.  853  Fur  Seal 
Skins  Decree.— Filed  Sept.  l'S.  iSH».-H.  E.  Haydon, 
Clerk. 


EXHIBIT  No.  17  (U.  S.),  CLAIM  No.  14. 

Check  dated    November  7,  is!t(»,  payable  to  Geo.  H. 
Haynes  (Estate  of  N.  M.  Bechtel),  or  order  signed  \Vm. 
5°  Munsie,  schooner  a/c. 

This  check  is  printed  in  full  at  page  HUS  of  the  Record. 


Claim  No.  26,  "  Wanderer  " 

EXHIBIT  No.  101  (0.  B.).  CLAIM  No.  26. 

Transcript  of  Registry,  schooner  "  Wanderer,"  July  31, 
1872  to  February  2«,  1S!M$. 
By  onler  of  the  Commissioners,  on  consent  of  counsel, 
g^this  exhibit  is  not  printed. 

Olaim  No.  14,  "  Patbflnder  "  (continued). 

EXHIBIT  No.  102  (0.  B.),  CLAIM  No.  14. 

Memorandum  of  sealing  venture  to  schooner  "  Wan- 
derer "  and  charterers  in  1H8». 

By  order  of  the  Commisaioaers,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


If 


p 

I 

i 

I5j 

I-, 

1 

■ 

: 

■ 

'U 

(ill 

i 

(Exhibits  Nos.  io3.  104,  \»h,  lor.,  lo7  and  108.) 

Claim  No.  22,  "  Henrietta." 

EXHIBIT  No.  108  (0.  B.).  CLAIM  No.  22. 

Transcript  of  Registry,  schooner  "  Henrietta,"  March 
4,  1891  to  November  27,  18H5. 

By  order  of  the  Cominissionera,  on  consent  of  counsel, 
this' exhibit  is  not  printed. 


10 


ao 


EXHIBIT  No.  104  (0.  B.),  CLAIM  No.  22. 

Agreement  dated  January  1.1,  l8Ji4,  between  the  Sitka 
Trading  Company,  of  Sitka,  and  M.  Pinckney,  of  Vic- 
toria, B.  C. 

By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 

EXHIBIT  No.  105  (0.  B.).  CLAIM  No.  22. 

Agreement  dated  January  VA,  lh!»4,  between  W.  P.  Mills, 
of  Siika,  Alaska,  and  M.  Pinckney,  of  Victoria,  B.  C. 

By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printe<1. 


EXHIBIT  No.  106  (0.  B.),  CLAIM  No.  22. 

Bill  from  Sitka  Trading  Co.,  at  Sitka,  Alaska,  to 
3oSchooner  "'Henrietta,"  Capt.  M.  Pinckney.  January  5», 
1H94. 

By  oi'der  of  the  Commissioners,  on  consent  of  counsel, 
this'exhibit  is  not  printed. 


EXHIBIT  No.  107  (0.  B.).  CLAIM  No.  22. 

Bill  from  W.    P.    Mills,    Sitka,    Alaska,    to   Schooner 
"  Henrietta  "  or  owner,  dated  January  i:i,  18J»4. 
By  order  of  the  Commissionei-s,  onconsent  of  counsel, 
4°  this  exhibit  is  not  printetl. 


EXHIBIT  No.  108  (0.  B.).  CLAIM  No.  22. 

Inventory  of  Stores  Left  on  Schooner  "  Henrietta," 
AT  Sitka,  after  Seizure  in  September,  1S92. 

8  boxes  of  bread,  ®  $2  60 $20  00 

16  Sacks  flour,  @l|il.5(» 24  00 

4  bags  sugar  (400  lbs.),  (ft  Gi^- 26  00 

506  mats  rice  (3(»0  lbs. ),  m*S^ 18  Oo 

3  boxesaitples  (150  lbs.),  @  15V 22  50 

\  barrel  pork 5  00 

2  boxes  tobacco  (20  lbs.),  fcGSV' 26  00 

25  lbs.  lard.®  \^  ...  3  50 

2  tubs  butter  (140  lbs.),  (a)35<? 49  00 

2i  cases  coal  oil.  @  $3. 50 8  75 

4  Kegs  powder (100  lbs.) 24  Oo 

5  Sides  bacon  (60  lbs.),  %\b<P 9  00 

\\  tins  matches 300 

eoSOsackssalt  (2,000  lbs.) 16  00 

7— 7  lbs.  table  salt,  49lb8 50 

3  boxes— 25  each  cartridges 8  00 

725  brass  cartridges 60  76 

10  lbs.  tea,  @  30^ 3  00 

1  bag  beans 2  Oo 


2H;i 


(Exhibit  No.  I(i8.) 

•t  pieces  new  pijw 1  00 

12-25  lbs.  sacks  shot 21  (»o 

8  shot  guns,  @  <125.(NI 20(t  <K» 

1  Rifle 25  00 

1  Patent  log  line 

1  ChrononiPt«*r 

5  (loz.  1  lb  tin  of  salmon 5  oo 

loll  Compasses 38  00 

1  5-foot  crosscut  saw 

1  hand  saw 

1  Buck    *'   

2  Palins 

1  Brass  set  of  bits I  50 

1  spike  shave 

•     3  Boats  (2  of  them  new) 230  oo 

1  Ancre  light 2  50 

8  pairs  oars 14  (»8 

20  I  axe 1  25 

8  Hanks  cotton  line 8  (K» 

1  suit  of  sails  (the  staysail  ruined) 8  00 

Charts  of  Vancouver  Island  &  Harbours.         ^ 

Charts  of  Queen  Charlotte  Sound.  I   p_i,,-.„^,i 

Charts  of  West  Coast  of  Alaska  and  Aleutian  (  "«"^"'^"<'"- 

Islands.                                                         J 
Chart  of  Behring  Sea 

1  hand  lead !K) 

7  skinning  knives 2  10 

30 1  Boom  tackle  (complete) 8  00 

2  Gaflf  Peak  Downhaul  1  SO 

1  Watch  tackle  fall 1  44 

1  Brass  Cannon 

1  Medicine  Chest  (medicines  used) 10  W 

8  watei  casks... 20  (K) 

1  Full  set  running  gear  d&maged  to  extent  of . .  80  (»0 

3(»fathom8of  rope  (30lb8.) 5  40 

40      ••         4  Manilaa  warp 8  10 

1  Main  top  Stay-sail  Halliards 2  70 

4°  — 

$1,0J«3  77 

Cr. 

2  Boxes  of  bread  of  no  value 

5  bags  flour  damaged  "       "     

2  mats  rice t>  <M) 

2J  kegs  powder 18  32 

17  sacks  salt,  1,700  lbs.,  @ 12  75 

1  bag  beans 2  00 

6—25  )b.  bags  shot     ...  10  50 

506  Compasses 15  00 

3  boats— practically  ruined 

5  paii-s  oars  badly  damaged 

7  water  casks 17  50 

ie;;:;;::;;;.:::::::::::;.:.:-.;::::::l^*^ 

$182  07 

Balance 91170 

60  Paid  Customs  dues  clearing  from  Sitka 1  90 


:  1 


$913  60 


•2S| 


I  III 


(Exhibit  No.  Um. 
EXHIBIT  No.  109,  0.  B  CLAIM  No-  22. 

C'ertifietl  Copies  of  Lib«'l  and  Jiid^ineiit  Dismissing  Lil>o| 
ii.  case  of  United  States  /•«.  "  Henrietta  "  in  United  States 
District  Court  in  Alaska. 

In  the  District  Court  of  the  United  States  for  tiie  Di»<tii('t 
of  Alaska,  in  Adnnralty. 

'"Pleas  and  proceedings  began  and  bad  in  the  District  t'<»urt 
of  the  United  States  for  the  District  of  Alaska. 

The  United  States  1 


vs. 


[  No.  85:1. 
f    Libel. 


The  schooner  ''  H.nrietta,"  her  boats, 
tackle,  appai-el,  furniture  and  cargo.   J 

Be  it  remend)ered  :  That  at  a  8lat«'d  term,  to-wit.  the 
May  term  of  the  District  Court  of  the  United  States,  for 
the  District  of  Alaska,  began  and  held  at  Sitka  in  said  Di.s 
aotrict  on  Monday  day  of  May,  iMiti.  and  ad- 

journed from  time  to  time  until  September  22,  lxJ>2,  when 
('.  S.  .Johnson,  Esq..  U.  S.  Attorney  for  the  District  of 
Alaska  presented  and  tiled,  the  libel  of  information  in  said 
cause,  which  is  in  words  and  figures  following,  "^o-wit: 

In  the  United  States  District  Court  in  and  for  !■     District 

of  Alaska. 
The  United  States  1 


r.s. 


I-    Libel. 


^pThe  schooner  "  Henrietta,"  her  boal.s,  , 
tackle,  apparel,  furniture  and  cargo.  J 

Of  the  May  term  of  said  court  in  the  year  one  thousand 
eight  hundred  and  ninety-two. 

To  the  Honorable  Warien  Truitt,  Judge  of  said  District 
Court:  The  libel  of  Information  of  C.  S.  Johnson,  Attor- 
ney of  the  United  States  for  the  District  of  Alaska,  wh(» 
proseciites  on  behalf  of  the  United  States,  and  being  pres- 
ent in  Court  in  his  own  proper  person,  in  the  name,  and 
on  behalf  of  the  United  States,   against  the  schooner 

40"  Henrietta,"  her  boats,  tackle,  apparel,  furniture  and 
cargo,  and  against  all  persons  intervening  for  their  interest 
therein  in  a  cause  of  forfeiture,  alleges  and  informs  as 
follows: 

That  C.  L.  Hooper,  a  captain  in  the  I'nited  States  Rev- 
enue Marine  Service,  duly  commissioned  by  the  President 
of  the  United  States,  and  then  and  there  commanding  the 
United  States  Revenue  Cutter  Corwin,  on  duty  in  the 
waters  of  Alaska,  and  only  authorized  in  the  prenusos  here- 
tofore,   on.  or  about  the  fith  day  of  September,    l!S!t2, 

50  in  the  Port  of  Dutcii  Harbor,  near  Unalaska,  within  the 
District  of  Alaska,  and  within  the  jurisdiction  of  this 
court,  on  wateis  navigable  from  the  sea  by  vessels  of  ten 
or  more  tons  burden,  seized  the  vessel  commoidy  called  a 
schooner  and  known  as  the  "  Henrietta,"  her  boats,  tackle, 
apparel,  furniture  and  cargo,  and  turned  the  same  over  to 
Collector  of  Customs  for  the  Port  of  Sitka,  in  said  District 
of  Alaska,  where  the  same  now  are,  said  vessel,  her  tackle, 
boats,  apparel,  furniture  and  cargo,  being  the  property  of 
some  person  or  persons  unknown   to  said  Attorney,  as 

60  forfeited  to  the  United  States  for  the  following  among 
other  causes: 

1st.  That  on  or  about  the  28th  day  of  June,  18!>2,  within 
the  limits  of  the  United  States,  within  the  limits  of  the 
Alaska  Collection  District,  and  within  the  watere  thereof, 
within  four  leagues  of  the  coast  of  said  District  and  within 


iHr> 


(Exhil.it  No.  10!>.) 

the  Jurisdiction  of  this  C'niii-t,  to  wit:  In  Tanki  Bay, 
Afognalc  Island,  there  was  unladen  from  the  British 
schooner  "  Kate."  a  larj5e  amount  of  merchandise  consist- 
ing of  coal,  flour,  biscuit,  potatoes  and  canned  meats,  that 
said  schooner  "  Kate"  was  fioni  a  foieign  port,  was  laden 
with  merchandise  and  boinul  for  the  iJiiited  States,  that 
on  or  about  said  :>8th  day  of  .June,  ls!»:i,  said  schooner  ar- 

lo  rived  and  anchored  in  said  Tanki  Bay,  in  said  Collection 
District  of  Alaska;  said  wasel  at  the  time  of  unloading 
said  merchandise  had  nf»t  come  to  the  proper  i)lace  for  the 
discharge  of  her  cargo  or  any  part  thereof  nor  had  she 
been  authorised  by  any  oRictMof  the  Customs  of  said  Dis- 
trict to  unlatle  the  saiue,  an<l  said  unlading  was  not  made 
necessary  by  any  unavoidable  accident,  necessity  or  dis- 
tress; that  all  <tf  saiti  merchandise,  so  unladen,  was  then 
and  there  put  and  receiv««d  into  said  schooner  "Henrietta" 
with  the  full  knowledge  and  consent  of  one  Mr.  Prinkney, 

20  who  was  then  and  there  master  of  said  vessel,  and  con- 
trary to  Sections  2)S«!7  and  '2MS  of  the  Revised  Statutes  of 
tlie  United  States. 

•Jnd.  And  said  C.  S.  Johnson,  further  alleges  and  says: 
that  said  schooner  "  Henrietta"  is  a  ftireigu  vessel,  owned 
and  reyistered  in  the  province  of  Canada;  that  011  the  I'Jth 
(lay  of  March.  I8!t2.  said  vessel  cleared  fron)  the  foreign 
port  of  Victoria,  British  Columbia,  having  on  board  ballast 
and  stores;  that  on  or  about  the  'jsth  day  of  June.  18it2, 
said  vessel  so  laden  arrived  in   the  waters  of  the  United 

30 States  from  sai  1  foreign  Territory,  adjacent  to  the  north- 
western frontier  of  the  United  States,  to  wit:  In  Tanki 
Bay,  Afognak  Island,  within  the  Collection  District  of 
Alaska,  and  within  the  Jurisdiction  of  this  Court,  and 
anchored  in  said  bay;  that  at  said  time  one  M.  Piukney 
was  the  master  and  in  chaige  of  said  schooner  "  Hein-i- 
etta;"  that  said  master  did  not  leport  to  or  at  the  office 
of  any  colletitor  or  deputy  collector  of  customs  for  said 
District,  nor  did  he  ol)tain  or  recive  a  special  permit  from 
any  such  officer  to  proceed  further  inland  or  to  unlade  or 

40  take  in  cargo.  Vet  aid  vessel  on  or  ;•  bout  the  2stli  day 
of  June.  I H!I2,  within  said  Tanki  Hay,  within  the  collec- 
tion District  of  Alaska,  within  the  waters  of  the  United 
Sti<tes  and  within  the  Jurisdiction  of  this  Court,  did  un- 
lade a  part  of  her  cargo,  to-wit:  About  one  hundred  and 
fifty  fur  seal  skins.  an<l  did  transfer  said  seal  skins  to  the 
British  schooner  "  Kate."  and  did  then  and  there  take  in 
from  8ai<l  schooner  "  Kate  "  a  large  amount  of  merchan- 
dise consisting  of  coal,  tlour,  buscuits,  potatoes  and  canned 
meats,  all  contrary  to  the  provisions  of  Section  olo'.t  of 

50  the  Revised  Statutes  nf  tlie  United  States,  in  such  case 
nuide  and  provided. 

And  the  said  attorney  saitb  that  all  and  singular  the 
premises  are  true  an<l  within  the  .idmiialty  and  maritime 
jurisdiction  of  the  Unite<l  States  and  this  Homu-able  Court, 
and  that  by  reason  thereof  and  by  force  of  the  statutes  in 
such  case  made  and  pn»vided.  the  aforementioned  vessel, 
her  boats,  tackle,  apparel,  furniture  and  cargo,  and  all 
things  found  upon  and  appertaining  to  her,  become  and 
are  forfeited  to  the  use  of  the  United  States  of  America. 

60  Wherefore,  the  said  attorney  prays  that  the  usual  pro- 
cess and  monition  of  this  Honorable  Court  issue  in  this  be- 
half and  that  all  persons  interested  in  the  aforementioned 
vessel  and  cargo  be  cited  in  general  and  special  to  answer 
the  premises,  and  all  due  proceedings  being  had  that  the 
said  vessel,  her  boats,  tackle,  apparel,  furniture  and  cargo. 


SMI 


!'fi 


(Exhiliits  No8.  Hti»  and  Ih  L'.  S.) 

and  all  things  found  upon  and  appertaininK  to  lier,  may 
be,  for  the  rauses  aforesaid,  and  others  ap])earint;,  ron 
demned  to  the  use  of  the  United  States  of  America,  ac- 
cordinjj  to  the  forms  of  the  statutes  of  the  said  United 
States  in  such  rase  made  and  provided. 

C.  S.  JOHNSON. 
United  States  Attorney  for  the 
lo  District  of  Alaska. 

(Endorsed)- No.  r.:J.  — In  the  U.  S.  Dist.  Court.  Uist. 
of  Alaska.— The  United  States  rs.  The  Schooner 
"  Henrietta.'"  — Libel  of  information.  -  Filed.  Septem- 


ber   22.    lSlt2.— N.    R. 
Johnson,  U.  S.  Atty. 


PeckinpauKh,   Clerk.— C.   S. 


No.  363. 


And  afterward,  to-wit,  on  Octolter  '.♦,    IHl»3,  the  follow- 
ing further  proceedings  were  had  and  appear  of  record, 
in  said  cause,  which  are  in  words  and  figures  following, 
20 to  wit: 

United  States  ) 

vs.  \ 

Sc-hooner  "  Henrietta,"  her  cargo,  &c.  ) 

Comes  now  C.  S.  Johnson,  United  States  Attornty,  and 
moves  the  Court  to  dismiss  the  libel  and  suit  herein  and 
for  an  order  discharging  the  vessel,  hei'  boats,  tackle,  ap- 
parel, furniture  and  cargo  from  custoily. 

And  the  Court  being  suflficiently  advise<l  upon  said  mo- 
tion: It  is  ordered  by  the  Court  that  said  libel  and  suit  be 
30 and  the  same  is  hereby  dismissed:  and  it  is  further  ordered 
by  the  Court,  that  the  att<ichment  heretofore  issued  in 
said  cause  be  and  the  s;jme  is  hei-eby  dissolved;  and  it  is 
further  ordered  that  the  United  States  Mai-shal  be  and  he 
is  hereby  ordei-eil  and  is  directwl  to  discharge  and  release 
said  schooner  "  Henrietta,"  her  boats,  tackle,  apparel, 
furniture  and  cargo  from  custody. 


United  States  Exhibit. 

^°  EXHIBIT  No.  18  (U.  8.),  CLAIM  No.  89. 

Transcript  of  Record  and  Proceedings  in  Unite«l  States 
District  Court  in  Alaska  in  case  of  United  States  vs. 
"  Henrietta,"  a  jmrtion  of  which  appears  as  Exhibit  No. 
109  (G.  B.),  printed  alwve. 

And  afterwards  to-wit,  on  September  22,  1S1>2,  the  fol- 
lowing further  proceedings  were  had  in  said  cause  and 
appear  of  record,  which  were  in  words  and  figures  foUow- 
joiug;  to-wit: 

United  States  1 

vs.  I 

Schooner  "Henrietta,"  her  boats,  [-No.  3.53. 
tackle,    appai-el,   furniture   and  | 
cargo.  J 

Now,  on  this  22nd  day  of  September  1.S92,  comes  C. 
S.  Johnson,  United  States  District  Attorney,  and  files  a 
libel  of  information  against  the  Schooner  "Henrietta," 
her  boats,  tackle,  apparel,  furniture  and  cargo,  and 
60  against  all  persons  intervening  for  their  interest  therein 
in  a  cause  of  forfeiture  for  violation  of  Sections  2867, 
2868  and  3109  of  the  Revised  Statutes  of  the  United 
States. 

It  is  therefoi'e  ordered  that  the  Clerk  of  this  Court  issue 
the  usual  process  and  monition,  and  a  writ  of  attachment 


9*1 


T" 


(Exhibit  No.  1m  U.  8.) 

directed  to  thf  MarHhal  of  Paid  District,  returnahlo  on 
Tuesday  the  istji  day  of  October,  IHifj,  at  ten  o'clock 
A.  M.,  dii'Hcting  Qixl  commanding  him  to  make  H»>izure 
and  take  into  his  poHHession  the  »'aid  schooner  '*  Henri- 
etta," her  boats,  tackle,  apnarel,  furnitine  and  carg«>. 

It  iH  further  ordered  by  the  Court  I  hat  UrvilleT.  Porter. 
United  States  Marshal,  cause  due  notice  of  said  seizure  to 
lobe  made  and  ^iven  and  also  of  the  information  on  file  by 
causinft  the  substance  of  said  information  and  of  the  order 
of  the  Court  setting  forth  the  time  and  place  appointed 
for  trial  to  be  published  in  tiie  Alaska  Hemhl,  a  news- 
paper of  general  circulation  printed  and  published  at 
Sitka,  in  said  District,  and  post  up  the  same  in  the  most 
public  place  for  a  period  of  not  less  than  fourteen  days. 

And  that  the  place  and  time  of  trial  is  hereby  fixed  at 
Sitka,  in  said  District,  on  the  isth  day  of  October,  lH)t2. 

Be  it  further  remembered  that  on  the  said  ti2d  day  of 
2oSeptember,  181»2,  a  monition  was  duly  issued  in  said  cause, 
which  is  in  words  and  figures  following,  to- wit: 

In  the  United  States  District  Court  in  and  for  the  Dis- 
trict of  Alaska. 

The  Unitetl  States  ") 

r.s.  I 

The  schooner  "  Henrietta,"  her  |  No.  :w.\. 

boats,  tackle,   apparel,   furni-  | 

ture  and  cargo.  J 

30 The  President  of  the  United  States  of  America,  to  the 
Marshal  of  the  District  of  Alaska,  Greeting: 

Whereas  a  lil)el  (»f  information  has  been  tiled  in  the 
above  District  Court,  by  United  States  District  Attorney 
C.  S.  Johnson,  on  behalf  of  the  United  States  and  against 
the  schooner  '"  Henrietta."  her  boats,  tackle,  apparel,  fur- 
niture and  cargo  and  alleges  in  substance: 

That  C.  L.  Hooper,  a  captain  in  the  Revenue  Marine 
Service,  duly  commissioned  by  the  President  of  the  United 
States,  and  then  and  there  commanding  the  United  States 
^oRevenue  Cutter  "Corwin,"  on  duty  in  the  waters  of 
Alaska,  and  duly  authorized  in  the  premises  heretofore, 
on  or  about  the  Oth  day  of  September,  1892,  in  the  Port 
of  Dutch  Harbor,  near  Unalaska,  within  the  District  of 
Alaska,  and  within  the  jurisdiction  of  this  Court,  on 
waters  navigable  from  the  sea  by  vessels  of  ten  or  more 
tons  burden,  seized  the  vessel  commonly  called  a  schooner 
and  known  as  the  "  Henrietta,"  her  boats,  tackle,  apparel, 
furniture  and  cargo,  and  turned  the  same  over  to  the  Col- 
lector of  Customs  for  the  Port  of  Sitka  in  said  District  of 
50  Alaska,  where  the  same  now  are,  said  vessel,  her  boats, 
tackle,  apparel,  furniture  and  cargo  being  the  pi-operty  of 
some  person  or  persons  unknown  to  said  Attorney,  as  for- 
feited to  the  United  States  for  the  following,  among  other 
causes: 

1st.  That  on  or  about  the  28th  dav  of  June  18!t2,  within 
the  limits  of  the  United  States,  within  the  limits  of  the 
Alaska  Collection  District,  and  within  the  waters  thereof, 
within  four  leagues  of  the  coast  of  said  District  and  within 
the  jurisdiction  of  this  Court,  to  wit:  In  Touki  Bay.  Afog- 
^nak  Island  there  was  unladened  from  the  British  Schooner 
"  Kate  "  a  large  amount  of  merchandise  consisting  of  coal, 
flour,  biscuit,  potatoes,  and  canned  meats.  That  said 
schooner  "  Kate"  was  from  a  foreign  port,  was  laden  with 
merchandise,  and  bound  for  the  United  States;  that  on  or 
about  said  28th  day  of  June  1892,  said  schooner  arrived 


W8 


llll 


(Exhibit  No.  is  U.  S.) 

nnd  (uu-hored  in  Hiiid  Toiiki  Buy,  in  snid  Collfction  DiHtrict 
of  AlaHkn.  Said  \'pmf\  at  the  time  of  unludinK  Hflid  iner 
chandise  had  iu)t  conn*  to  the  proper  place  for  the  dis- 
char(;e  of  her  car^o.  or  any  part  thei-eof,  n«)r  had  she  heen 
authorised  by  any  otticer  of  the  ruHtoniH  of  said  l)iHtrict 
to  unhide  the  mune,  and  uaid  unhiding  waH  not  made  iieces- 
sary  hy  any  unavoi(hihh)  accident.  neceHHJty  or  diHtreHs. 

icThat  all  ttf  wiid  inerchandiM' so  uiihidened  ivaH  then  and 
there  put  and  re<eive<l  into  said  schooner  "Henrietta," 
with  tiie  full  knowledge  iind  consent  of  one  M.  I'inkney, 
who  was  then  and  there  master  of  said  vessel,  and  con- 
trary to  sections  I'stiT  and  :'  'tis  of  the  Kevised  Statutes  of 
the  I'mted  States. 

I'd.  That  said  schctoner  "  Henrietta,'  is  a  fueiKii  vessel 
owned  an<l  registered  in  the  Province  of  Canada.  That 
on  the  12th  «lay  of  March,  \s\>2,  said  vessel  cleared  fi-un 
the  foreign  port  of  Vi<-toria,  Mritish  Columhia,  having  on 

2choaid  hallast  and  stores.  That  on  or  altoiit  the  2Hth  day 
of.lnne,  IMt^,  said  vessel  so  laden  arrived  in  the  waters 
of  the  L'nited  States  from  said  foreign  Territory,  adjacent 
to  the  norlhwestern  frontier  of  the  l'nited  States,  to  wit: 
In  Touki  Bav,  Afognak  Islaiwl.  within  the  collecrtion  dis- 
trict of  Alaska  and  within  the  jurisdiction  of  this  Court, 
and  anchored  in  said  hay.  That  at  said  time  one  M. 
Pinkney  was  the  master  and  in  charge  of  said  schooner 
"  Henrretta."  That  said  Ma«ter  did  not  repoit  to  or  at  th« 
oflice  of  any  Collector  or  deputy  Collector  of  CustoniH  for 

30 said  l)istri(  t,  nor  did  he  obtain  or  receive  a  special  permit 
for  any  such  otiicer  to  proceed  further  inland  or  to  unlade 
or  take  in  cargo. 

That  said  vessel  on  or  about  the  :.'sth  day  of  June  18l»2, 
within  s^aid  Touki  Bay,  within  the  collection  district  of 
Alaska,  within  the  waters  of  the  United  States,  and  within 
the  jurisdiction  of  this  Court,  did  unlade  a  part  of  her 
cargo,  to  wit,  about  one  hundred  and  fifty  fur  seal  skins, 
aiui  did  transfer  said  seal  skins  to  the  British  schooner 
"  Kate,"  and  did  then  and  there  ta'  e  in  from  said  schooner 

40  "Kate  "a  large  amount  of  mei  landise.  consisting  of 
coal,  tlour,  biscuits,  j)otatoes  an<l  canned  meats,  all  con- 
trary to  the  provisions  of  Section  ;Uoit  of  the  Revised 
Statutes  of  the  Tnited  States.  And  all  of  the  acts  and 
things  complained  of  in  this  libel  of  information  as  having 
been  done  and  performed  by  said  vessel  and  her  said  mas- 
ter were  done  and  performed  with  the  full  knowledge  and 
ai)proval  of  the  master  contrary  to  the  Statutes  of  the 
United  States  in  such  cases  made  and  provided  in  violation 
of  the  custom  and  revenue  laws  of  the  United  States. 

50  Now  on  this  22dday  of  September.  ls!t:>.  comes  C.  S.  John- 
son, United  States  District  Attorney,  and  tiles  a  ]i\\e\  of  in- 
formation against  the  schooner  "  Henrietta,"  hoi  boats, 
tackle,  apparel,  furniture  and  cargo,  and  against  all  per- 
sons intervening  for  their  interest  therein  in  a  cause  of 
forfeiture  for  violation  of  Sections  2Mii7,  2H»t.s  and  310!»  of 
the  Revised  Statutes  of  the  United  States. 

It  is  therefore  ordered  that  the  Clerk  of  this  Court  issue 
the  usual  process  and  monition  and  a  writ  of  attachment 
directed  to  the  Marshal  of  said  Distiict,  returnable  on  Tues- 

60  day  the  18th  day  of  October,  18!>2.  at  1(»  o'clock  A.  M., 
directing  and  commanding  him  to  make  seizure  and  take 
into  his  possession  the  said  schooner  "Hemietta,"  her 
boats,  tackle,  apparel,  furniture  and  cargo. 

It  is  further  ordered  by  the  Court  that  Orville  T.  Porter, 
United  States  Marshal,  cause  due  notice  of  said  seizure  to 


2H1» 

(Exhibit  No.  Ih  U.  S,) 

t>c  made  and  ((ivf"'  nod  nUo  of  tlu*  information  on  filo,  hv 
cansinit  the  Hubetunot  of  Huid  information  and  of  the  order 
of  the  (*ourt  thereon  Hcltin^  forth  the  time  and  place  Ap- 
pointed for  the  trial  to  he  published  in  the  AluHka  Herald, 
a  newHpu|)er  of  (leneial  circulation  printed  and  publiHJied 
at  Sitka  in  said  T)iHtrict,  and  to  |M>rtt  up  the  same  in  the 
most  public  place  for  11  |)eriod  of  fourteen  dayn,  and  that 

lo  the  time  and  place  of  trial  is  herehv  fixed  at  the  City  of 
Sitka  on  the  I  Nth  day  of  October,  fNt»2. 

You  ar«>  therefore  hereby  commanded  to  attach  the  said 
schooner  "  Henrietta,"  her  boats,  tackle,  apparel,  furni- 
ture ami  cargo,  to  detain  the  same  in  your  cuHtody  until 
the  further  order  of  the  Court  respectuig  the  Name,  and 
give  notice  to  all  perHons  claiming  the  Kame  or  knowing 
or  having  anything  to  Hay.  why  the  same  should  not  bS 
condemned  and  sold  pui-suant  to  the  prayer  of  said  libel 
of     information,     that    they    be      and     ap|iear     before 

20 said  Court,  to  he  held  in  and  for  the  District 
of  Alaska,  at  Sitka,  on  the  jMth  day  of  (>ctol)er, 
1802,  at  ten  o'clock  in  the  forenoon  of  the  same  day,  if 
the  same  shall  be  a  day  of  jurisdiction,  otherwise  on  the 
next  day  of  jurisdiction  thereafter,  then  and  tliere  to  in- 
terpose a  clain)  for  the  same,  and  make  their  obligations 
in  that  behalf,  and  what  you  shall  have  done  in  tbo 
premises,  do  you  then  and  tliei-e  make  return  thereof  "<• 
gether  with  this  writ 

Witnesa  ♦h-  Honorable  Warren  Truitt,  Judge  of  said 

30 Court,  ami  da-  seal  thereof  affixed  at  tbe  city  of  Sitka,  in 
the  District  of  Alaska,  ihis  the  :j-2nd  day  of  Septembei, 
I8i(_',  and  of  the  independence  of  the  Tnited  Gtatea  the  one 
hundred  and  seventeenth. 

X.  R.  PECKINPAUOH, 
Clerk. 
(Endorsefl)— No.  853.  ~U.  S.  Dist.  Court.— Dist.  of  Alaska. 
—United  States  vs.  Schooner  "Henrietta"  et  al. — 
Monition.— Returned  and  tiled  October  18,  18»2.— N. 
R.  Peckinpaugh,  Clerk. 

Mar.shal's  Notice  ok  Seizuke. 
In  the  District  Court  of  the  Uniteil  States  for  the  District 

of  Alaska. 
Whereas  a  libel  of  information  has  been  flied  in  the 
above  District  Court,  bv  United  States  District  Attorney 
C.  S.  Johnson,  on  behalf  of  the  United  States  against  the 
schooner  "Henrietta,"  her  boats,  tackle,  apparel,  furni- 
ture and  cargo  and  alleges  in  substance: 
That  C.  L.  Hooper,  a  captain  in  the  Revenue  Marine 

$0 Service,  duly  commissioned  by  the  President  of  the  United 
States,  and  then  and  there  commanding  the  United  States 
Revenue  Cutter  "Corwin,"  on  duty  in  the  watei-s  of  Alaska, 
and  duly  authorized  in  the  premises  heretofore,  on  or 
about  the  6th  day  of  September,  18t>2,  in  the  Port  of  Dutch 
Harbor,  near  Unalaska,  within  the  District  of  Alaska,  and 
within  the  jurisdiction  of  this  Court,  on  waters  navigable 
from  the  sea  by  vessels  of  ten  or  more  tons  burden,  seized 
the  vessel  commonly  called  a  schooner  an(*  known  as  the 
"  Henrietta,"  her   boats,  tackle,  apparel,    "urniture  and 

60  cargo,  and  turned  the  same  over  to  the  Collector  of  Cus- 
toms for  the  Port  of  Sitka  in  said  District  of  Alaska,  v.'h  >re 
the  same  now  are,  said  vessel,  her  boats,  tackle,  apparel, 
furniture  and  cargo  l>eing  the  property  of  some  person  or 
persons  unknown  to  said  Attorney,  as  forfeited  to  the 
United  States  for  the  following,  among  other  causes: 


It." 


I 

III 


t  ;:' 


290 

(Exhibit  No.  is  U.  S.) 

let.  That  on  or  about  the  2Mth  day  of  June,  18y2.  within 
the  limits  of  the  United  States,  within  the  limits  of  the 
Alaska  CoUei-tion  District,  and  within  the  waters  thereof, 
within  four  leagues  of  the  coast  of  said  District  and  within 
the  jurisdiction  of  this  Court,  to  wit:  In  Touki  Bay, 
Afognak  Island,  there  was  unladened  from  the  British 
Schooner  "  Kate"  a  large  amount  of  merchandize  consist- 

loing  of  coal,  flour,  biscuit,  potatoes,  and  canned  meats. 
That  said  schooner  "  Kate '"  was  from  a  foreign  port,  was 
laden  with  merchandise,  and  bomid  for  the  United  States, 
that  on  or  about  said  2Sth  day  of  June,  1HU2,  said  schooner 
arrivetl  and  anchored  in  said  Touki  Bay,  in  said  Collection 
District  of  Alaska.  Said  vessel  at  tlie  time  of  unlading 
said  merchandise  had  not  con)e  to  the  i)roper  place  for  the 
discharge  of  her  cargo,  or  any  part  tliereof,  nor  had  she 
been  authorized  by  any  officer  of  the  customs  of  said  District 
to  unlade  the  tianie.  and  said  unlading  was  not  made  neces- 

20  sary  by  any  unavoidable  accident,  necessity  or  distress.  That 
all  of  tsaid  merchandise  so  unladen  was  then  and  there  put 
and  received  into  said  schooner  "Henrietta"  with  the  full 
knowledge  and  consent  of  one  M.  Pinkney,  who  was  then 
and  there  master  of  said  vessel,  and  contrary  to  sections 
2Hti7  and  L'St'.Sof  the  Revised  Statutes  of  the  Lnited  States. 
2nd.  That  said  schooner  "  Henrietta  "  is  a  foreign  vessel, 
owned  and  registered  in  the  Province  of  Canada.  That 
on  the  12th  day  of  March,  lsi»2,  said  vessel  cleared  from 
the  foreign  port  of  Victoria,  British  Cohmibia,  having  on 

30  board  ballast  and  stores.  That  on  or  about  the  2Sth  day 
of  June,  lh}»2,  said  vessel  so  laden  arrived  in  the  waters  of 
the  United  States  from  said  foreijjn  territory,  adjacent  to 
the  northwestern  frontier  of  the  United  States,  to  wit:  In 
Touki  Bay,  Afognak  Island,  within  the  collection  di.strict 
of  Alaska  and  within  the  jurisdiction  ot  this  Court,  and 
anchored  in  said  bay.  That  at  said  time  one  M.  Pinkney 
was  the  master  and  in  charge  of  said  schooner  "  Henrietta." 
That  said  master  did  not  report  to  or  at  the  office  of  any 
Collector  or  Deputj'  Collector  of  Customs  for  said  District, 

40  nor  did  he  obtam  or  receive  a  special  permit  for  any  such 
officer  to  proceed  further  inland  or  to  unlade  or  take  in 
cargo. 

That  said  vessel,  on  or  about  the  2Sth  day  of  June,  IS02, 
within  said  Touki  Bay,  within  the  collection  district  of 
Alaska,  within  the  waters  of  the  United  States,  and 
within  the  jurisdiction  of  this  Court,  did  unlade  a  part  of 
her  cargo,  to-wit:  About  one  hundred  and  fifty  fur  seal 
skins,  and  did  transfer  said  seal  skins  to  the  British 
schooner  "  Kate,"  and  did  then  and  there  take  in  from 

Sosaid  schooner  "  Kate "' a  large  amount  of  merchandise, 
consisting  of  coal,  flour,  biscuits,  potatoes  and  canned 
meatd,  all  contrary  to  the  provisions  of  Section  3109  of  the 
Revised  Statutes  of  the  United  States.  And  all  of  the  acts 
and  things  complained  of  in  this  libel  of  information  as 
having  been  done  and  pe.'formed  by  said  vessel  and  her 
master  weie  done  and  per.'ormecl  with  the  full  knowledge 
and  approval  of  the  master  contrary  to  the  Statutes  of  the 
United  States,  in  such  cases  made  and  provided  in  viola- 
tion of  the  custom  and  revenue  laws  of  the  United  States. 

60  Now,  on  this  22nd  day  of  September,  1892,  comes  C.  S. 
Johnson,  United  States  District  Attorney,  and  flies  a  libel 
of  information  against  the  Gchooner  "Henrietta,"  her 
boats,  tackle,  apparel,  furniture  and  cargo,  and  against  all 
persons  intervening  for  their  interest  therein  in  a  cause 
of  forfeiture  for  violation  of  Sections  2867,  2868  and  3109 
of  the  Revised  Statutes  of  the  United  States. 


so, 

'i- 
i 


'i, 

I 


2U1 


(Exhibit  No.  18  U.  S.) 

It  is  therefoie  ordered  that  the  Clerk  of  this  Court  issue 
the  usual  process  and  monition  and  a  writ  of  attachment 
directed  to  the  Marshal  of  said  District,  returnable  on 
Tuesday  the  18th  day  of  October,  isjtji,  at  1(>  o'clock  a.  M., 
directing  and  commanding  him  to  make  seizure  and  take 
into  his  possession  the  said  schooner  "Henrietta,"  her 
boats,  tackle,  apparel,  furniture  and  cargo. 

ID  It  is  further  ordered  by  the  Court  that  OrvilleT.  Porter, 
United  States  Marshall,  cause  due  notice  of  said  seizure  to 
be  made  and  given,  and  also  of  the  information  on  file,  by 
causing  the  substance  of  said  information,  and  of  the 
order  of  the  Court  thereon  setting  forth  the  time  and 
place  appointed  for  the  trial  l.o  be  published  in  the 
"  Alaskan  Herald,"  a  newspaper  of  general  circulation, 
printed  and  published  at  Sitka,  in  said  l)istri(;t.  and  to 
post  up  the  same  in  the  most  public  place  for  a  period  of 
fourteen  days,  and   that  the  time  aii<l  place  of  trial  is 

20  hereby  Hxed  at  the  city  of  Sitka  on  the  isth  day  of  Octo- 
ber, 1HS)2. 

Now,  therefore,  in  pursuance  of  this  monition  issued 
under  the  seal  of  said  Court,  to  me  directed  and  delivered 
and  in  accordance  with  the  order  of  said  Court,  I  do 
hereby  give  public  notice  to  all  persons  claiming  the  said 
schooner  *'  Henrietta,"  boats,  tackle,  apparel,  furniture 
and  cargo,  or  in  any  manner  interested  therein,  that  tiiey 
be  and  appear  before  the  said  District  Court  at  Sitka,  on 
the  18th  day  of  October,  isjfj,  at  the  hour  of  ten  o'clock 

30 in  the  forenoon  of  said  day,  then  and  there  to  interpose 
their  claims  and   make  their  allegations  in  that  l)ehalf. 

ORVILLE  T.  PORTER, 

U.  S.  Marshal. 
Dated  this  iiJUl  day  of  September,  lSlt:> 

Rkturn  of  Monition. 
United  States,  District  of  Alaska,  ss. 

Be  it  remenjbered   that   in  obedience  to 
monition,  I  have  attached  the  schoonei 
.Q boats,  tackle,  apparel,  furniture  and  cargo,  and  now  hold 
the  same  in   my  possession,  subject  to  the  order  of  this 
Honoiable  Court. 

And  in  obedience  to  the  order  of  the  Conrt,  made  and 
entt'red  in  said  cause,  l.gave  due  notice  of  the  pendency 
of  said  libel  of  information  by  publication  of  the  within 
notice  of  seizure  for  fourteen  days  in  the  Ahtskaii  Her- 
aUl,  a  newspaper  of  general  circulation  printed  and  pub- 
lished at  Sitka,  in  said  district,  and  by  pnsting  up  the 
same  in  front  of  the  Custom  House  at  Sitka,  in  said 
cj^  district,  for  the  same  period,  a  copy  of  said  notici.'  is  hereto 
attached  and  made  a  part  of  this  return,  and  I  herewith 
return  this  writ  duly  executed. 

ORVILLE  T.  PORTER. 
United  States  Mai-shal, 
District  of  Alaska. 
Sitka,  Alaska,  October  18,  1892. 

And  on  the  same  date,  September  22,  1892,  the  follow- 
ing further  proceedings  were  had  and  appear  of  record  in 
said  cause,  which  are  'n  words  and  figures  following,  to- 
60  wit: 

United  States  *) 

Schoouer  "Henrietta/' her  boats,  tackle,  \^^-  ^'*^- 
afiparel,  furniture  and  cargo.  J 

It  is  ordered  by  the  Court  that  R.  C.  Rogers,  Esq.,  be  and 
he  is  hereby  appointed  a  Commissioner  to  take  the  testi- 


the  annexed 
Henrietta,"  her 


IF 


202 


c  ■;  ' 
I    ■ 

n 


li 


(Exhibit  No.  IS  U.  S.) 

niony  on  part  of  tlie  libelant  at  Sitka,  Alaska,  commenc- 
ing on  tlie  2ttth  of  September.  isi>2,  and  likewise  at  such 
time  and  place  to  take  such  testimony  on  Itehalf  of  the 
claimants  as  they  may  produce. 

And  afterwards  to  wjt,  on  September  23,  1S!>2,  the  fol- 
lowing fintlier  proceedings  were   had  in  said  cause  and 
appear  of  record,  which  are  in  words  and  figures  follow- 
to  ing,  to- wit: 

United  States  1 

Sch(K>ner  '*  Henrietta,"  her  tackle,  h^"'  ■^■'^■^• 
apparel,  furniture  and  cargo.       J 

Comes  now  Messrs.  Hughes,  Hastings  and  Stedmau, 
proctors  for  claimant,  and  moves  the  Court  for  leave  to 
file  the  claim  of  intervention  of  M.  Pinckney,  inter- 
vening for  the  owner  of  the  schooner  "  Henrietta,"  her 
tackle,  apparel,  fui-niture  and  cargo. 
^°  Said  motion  having  been  by  the  Court  considered,  it  is 
ordered  that  leave  be  granted  to  file  said  claim. 

In  the  District  Court  of  the  United  States  for  the  District 

of  Alaska. 
United  States  1 

v.s.  I       No.  3."».1. 

Schooner  "  Henrietta,"  her  boats,  [-     Appointment     of 
tackle,    apparel,   furniture   and  |  Proctor, 

cargo.  I 

3°  I,  the  undersigned,  master  of  the  schooner  "  Henrietta," 
seized  in  this  action,  hereby  appoint  H.  H.  A.  Hastings 
my  pioctor  to  represent  me  and  the  owner  of  the  said 
schooner  and  cargo  in  this  proceeding 

HUGHS  HASTINGS  &  STEDMAN. 

Proctors. 
Dated,  Sept.  22.  1S92. 

M.  PINCKNEY. 
Master  Schr.  "Henrietta." 
To  C.  S.  Johnson, 
4°        U.  S.  District  Atty.  for  District  of  Alaska. 

You  will  please  take  notice  that  Hughs,  Hastings  & 
Stedman  and  H.  H.  A.  Hastings  hereby  enter  their  ap- 
pointment in  this  action  as  proctors  for  the  master  thereof, 
M.  Pinckney  and  Chas.  Spring,  her  managing  owner. 
Dated,  Sitka,  Alaska.  Sept.  28,  1892. 

HUGHS,  HASTINGS  &  STEDMAN, 
Proctors  for  M.  Pinkney  and  Chas.  Spring. 
Due  notice  of  said  appearance  this  day  acknowledged. 
Sept.  23.  18i»2.  C.  S.  JOHNSON, 

Atty.  for  Plaintiff. 
(Endorsed)— No.    353.— i^e  Henrietta.— Appointment    of 
Proctor.— Filed  Sept.  23,  1892.— N.  R.  Peckinpaugh, 
Clerk. 
And  on  the  same  date,  to-wit,  on  Sept.  23,  1SI»2,  a 
stipulation  to  take  testimony  was  filed,  which  is  in  words 
and  figures  following,  to-wit: 

In  the  United  States  District  Court  in  and  for  the  District 

of  Alaska. 
6o  The  United  States  1 

vs.  I  No.  3.53. 

TheSchooner"  Henrietta,"  her  |>  Stipulation  to  take  test i- 
boats,  tackle,  apparel,  furni-  |      mony. 
ture  and  cargo.  J 

Whereas,  upon  the  trial  of  this  cause,  the  testimony  of 
Capt.  C.   L.   Hooper,   commanding  the  U.   S.  Steamer 


50 


'W'"Tf»lf", 


2»S 

(Exhibit  No.  18  U.  S.) 

"Corwin,"  and  the  testimony  of  a  large  number  of  the 
crew  of  the  schooner  "  Henrietta"  is  necessary;  and 

Whereas,  all  of  said  witnesses  are  non-residents  of  the 
District  of  Alaska,  and  are  about  to  leave  said  District, 
and  the  bringing  of  said  witnesses  back  to  Bitka  in  said 
District,  would  work  great  hardship  to  them,  and  cause 
great  expense  to  the  plaintiff  herein, 
lo  It  is  hereby  stipulated  and  agi-eed  by  and  between  the 
parties  hereto  that  Hon.  K.  C.  lagers,  United  States  Com- 
missioner at  Sitka,  Alaska,  heretofore  appointed  by  the 
Judge  of  this  Court  as  a  Commissioner  to  take  testimony 
in  this  cause,  may  take  the  testimony  of  such  witnesses 
as  may  be  presented  by  either  party  at  the  Coui-t  room  in 
said  Sitka,  beginning  on  the  24fh  day  of  September,  1892, 
and  continuing  from  day  to  day  until  all  of  such  testimony 
shall  have  been  taken. 
That  when  the  taking  of  said  testimony  shall  have  been 
20  completed,  it,  together  with  any  and  all  exhibits  offered 
in  evidence,  shall  be  by  said  Commissioner  returned  to 
the  clerk  of  this  Court. 

It  is  further  expressly  stipulated  and  agreed  that  all  ob- 
jections to  the  manner  and  form  of  taking  and  returning 
said  testimony  are  hereby  waived,  but  objections  to  mate- 
liality  and  competency,  etc.,  thereof  are  not  waived. 
Dated  Sitka,  Sept.  24,  18»2. 

C.  8.  JOHNSON, 

U.  S.  Atty.  for  Plaintiff. 
30  HUGHS,  HASTINGS  &  STEDMAN, 

Proctors  for  Claimants. 
(Endorsed)— No.    353.— In    U.    S.    Dist.    Cort.    Dist.    of 
Alaska. — The  United  States  vs.  The  schooner  "Hen- 
rietta," etc.— Stipulation   to  take   testimony. — Filed 
Sept.  23,  1892.— N.  R.  Peckinpaugh,  Clerk. 


And  on  the  same  date  the  defendant  filed  claim  of  own- 
ership in  said  cause,  which  is  in  words  and  figures  follow- 
ing, to  wit: 
'^^     In  the  District  Court  of  the  United  States  for  the  Dis- 
trict of  Alaska. 


Uniteil  States 

vs. 


1 


Schooner  Henrietta,  her  tackle,  }■  Claim  of  Ownership, 
apparel,   and    furniture    and  | 
cargo.  J 

To  the  Honorable   Wan-en  Truitt,  Judge  of  the  United 
States  District  Court  for  the  District  of  Alaska. 
50     M.  Piuckney,  of  Victoria,  Province  of  British  Columbia, 
master  of  the  Schooner   "  Henrietta,"  seized  and   held 
under  attachment  in  the  above  entitled  proceeding,  inter- 
vening for  the  interest  of  Chas.  Spring,  of  Victoria,  British 
Columbia,  the  managing  owner  of  said  schooner  "  Henri- 
etta," her  tackle,  boats,  apparel,  furniture  and  cargo,  and 
ship  supplies,  and  of  himself  as  said  master,  and  says  that 
said  above-named  Chas.  Spiing  is  the  true  managing 
owner  thereof,  and  thereupon  the  said  claimant  prays  a 
restitution  of  the  same  to  him  and  otherwise  right  and 
60  justice  to  administer  in  the  pi*emises. 

M.  PINCKNEY. 
Master  Schr.  "  Henrietta." 
Territory  of  Alaska,  District  of  Alaska. 

M.  Pinkney,  being  duly  sworn,  deposes  and  says  that  he 
is  the  master  of  the  schooner  "  Henrietta,"  seized  in  this 


SM 


lO 


20 


(Exhibit  No.  18  U.  8.) 

action;  that  the  inattei-s  and  things  set  forth  in  the  fore- 
going claim  are  true  as  he  verily  believes. 

M.  PINCKNEY. 
Signerl,  subscribed  and  sworn  to  before  me  this  22d  day 
of  Sept.,  1892.     L.  S.  R.  C.  ROGERS, 

U.  S.  Com'r. 
(Endorsed).— No.  358. -United  States  f.s.  Schooner  "  Hen- 
rietta."—Claim  of  O^^nei-ship.— Filed  Sept.  23,  18i»2.— 
N.  R.  Peckinpaugh,  Clerk.— Hughs,  Hastings<&  Sted- 
man,  Proctoi-s  for  Owner  and  Cl'mnt. 

And  afterwards  to  wit:  on  September  28,  1892  the  dt- 
fendants  filed  exceptions  to  libel  of  information,  which 
are  in  words  and  figures  following,  to-wit: 
In  the  United  States  District  Court  for  the  District  of 
Alaska.     In  Admiralty. 
The  United  States        ] 

vs.  I  No.  3.53. 

The  Schooner  "  Henrietta,"  }■  Exceptions  to  libel, 
her  boats,  tackle,  appar-  | 
el,  furniture  and  cargo.     J 

To  the  Honorable  Warren  Truitt,  Judge  of  the  District 

Court  for  the  District  of  Alaska. 

The  exceptions  of  M.  Pinkney  Master  of  said  schooner 

"  Henrietta"  and  claimant  herein    to  the  libel  of  the 

United  States,  libelant,  allege  that  the  said  libel  is  in- 

30  formal  and  insufficient  as  follows: 

First:  That  the  third  paragraph  of  said  libel  fails  to  state 
a  ground  for  forfeiture  under  sections  2867  and  2868  of 
the  Revised  Statutes  in  this,  that  there  is  no  allegation 
therein  that  the  said  unlading  and  transferring  was  done 
for  the  purpose  of  defrauding  the  United  States. 

Second:  That  the  fourth  paragraph  of  sai<l  libel  fails  to 

state  a  ground  of  forfeiture  for  the  same  reason  as  above 

stated. 

Third:  That  said  libel  is  insufficient  in  this  that  it  fails 

40  to  set  forth  a  bill  of  particulars  of  the  cargo  claimed  to  be 

forfeited. 

Fourth :  That  said  libel  fails  to  show  a  cause  of  action 
within  the  jurisdiction  of  this  Court.     Respectfully, 
HUUHS,  HASTINGS,  &  STEDMAN. 

Proct<>i"s  for  Claimant. 

(Endorsed)— No.  3.53.— United  States  fs.  Schr.  '"Henri- 
etta."— Exceptions  to  libel. — Due  service  of  within  ex- 
ceptions the  dav.— Acknowledged  Sept.  28,  1892.- C. 
S.  Johnson,  U.'S.  Dist.  Atty.— Filed  Sept.  28,  1892.— 
N.  R.  Peckinpaugh,  Clerk. — Hughs,  Hastings &Sted- 
nian,  for  Chnts. 


50 


And  afterwards  to- wit,  on  September  28,  1892,  the  fol- 
lowing further  proceedings  were  had  and  appear  of  record 
in  said  cause  which  are  in  woi-ds  and  figures  following, 
to-wit: 

United  States  ] 

'  '  ■''■  V  No    353 

60 Schooner  "  Henrietta,"  her  boats,  tackle,  [  ^    ' 

apparel,  furniture  and  cargo.  J 

And  "ow  on  this  28th  day  of  September,  1892,  M. 
Pinckney,  master  of  said  schooner  "  Henrietta,"  her  boats, 
tackle,  apparel,  furniture  and  cargo,  appears  herein  by  H. 
H.  A.  Hastings,   Esq.,  his  proctor  and  makes  claim  fur 


2»5 


(Exhibit  No.  18  U.  S.) 

said  schooner  "  Henrietta,"  her  boats,  tackle,  apparel, 
furniture  and  cargo,  on  behalf  of  the  owners  thereof,  and 
makes  application  for  the  appointment  of  appraisers  to 
appraise  said  schooner,  her  boats,  tackle,  apparel,  fur- 
niture and  cargo. 

And  thereupon  C.  S.  Johnson  Esq.,  appearing  for  the 
United  States,  and  H.  H.  A.  Hastings,  Esq.,  appearing  on 
10  behalf  of  said  claimant  and    in  open  court    consenting 
thereto. 

It  is  hereby  ordered  by  the  court  that  R.  W.  Beasley, 
John  G.  Brady  and  W.  R.  Mills,  be  and  they  are  hereby 
appointed  as  appraisei-s  to  appraise  the  said  schooner,  her 
boats,  tackle,  appcuei.  furniture  and  cargo,  and  make 
return  thereof  to  tiiis  Court. 

In  the  United  States  District  Court  for  the  District  of 

Alaska. 
United  States 

20 


vs. 


No.  353. 


Schr.   "  Henrietta,"  her  boats,  tackle, 
apparel,  furniture  and  cargo. 

We,  the  undersigned,  having  been  appointed  appraisers 
by  the  Honorable  Warren  Truitt,  Judge  of  the  United 
States  District  Court  for  the  District  of  Alaska,  to  appraise 
the  .-ibove  named  schooner,  her  boats,  tackle,  apparel, 
furniture  and  cargo,  beg  leave  to  report  the  following: 

We,  the  undersigned,  having  met  on  the  20th  day  of 
jSeptembei',    185)2,     have   appraised   the     said    schooner 
"  Henrietta,"   her  boats,    tackle,  apparel,   furniture  and 
cargo,  as  follows: 

Schr.    "Henrietta,"  her  boats,   tackle,  apparel  and  furni- 
ture   - $2,200.00 

9  Guns !»0.00 

420  Furseal  skins 4,000.0(» 


40 


$6,290.00 
R.  W.  BEASLEY, 
W.  R.  MILLS, 
JOHN  G.  BRADY. 


(Endorsed) -No.  S.'i:',.— In  U.  S.  Dist.  Court.,  Dist.  of 
Alaska.— United  States  vs.  Schooner  "Henrietta," 
tackle,  etc.— Oath  and  report  of  appraisers  -Filed 
Sept.  2i>,  1892.— N.  R.  Peckinpaugh,  Clerk.— By  A. 
A.  Meyer,  Deputy. 
In  the  United  States  District  Court  in  and  for  the  District 

of  Alaska. 
United  State j  | 

5°  vs.  I   jyf^,   353 

Schooner  "  Henrietta,"  her  boats,  tackle,  |        •  •      • 
apparel,  furniture  and  cargo.  J 

R.  W.  Beasley,  John  G.  Brady,  W.  R.  Mills,  the  duly 
appointed  appraisers  appointed  by  the  order  of  this  Court 
in  the  above  entitled  cause  to  appraise  the  value  of  the 
schooner  "  Henrietta,"  her  boats,  tackle,  apparel,  furni- 
ture and  cargo,  being  first  duly  sworn,  each  for  himself, 
and  not  one  for  another  says,  I  will  justly  and  honestly 
gQ appraise  the  value  of  the  schooner  "Henrietta,"  her 
boats,  tackle,  apparel,  furniture  and  cargo.  So  help  me 
God.  R.  W.  BEASLEY. 

W.  R.  MILLS. 
JOHN  G.  BRADY. 
Subscribed  and  sworn  to  in  open  Court  this  29th  day  of 
September,  1892. 

N.  R.  PECKINPAUGH.  Clerk. 
|L.  s.l  By  A.  A.  MEYER.  Deputy. 


296 


w 


(Exhibit  No.  18  U.  S.) 

And  afterwards,  to  wit,  on  September  29,  1892,  the  fol- 
lowing further  proceedings  were  bad  and  appear  of  record 
in  said  cause,  which  are  in  words  and  figures  following,  to 
wit: 

United  States  1 


vs. 


No.  353. 


Schooner  "  Henrietta,"  her  boats,  tackle,  i 
ID  apparel,  furniture  and  cargo.  J 

Come  now  R.  W.  Beasley,  John  G.  Brady,  W.  R.  Mills, 
the  appraisers  herein,  herebefore appointed  to  appraise  the 
schooner  '*  Henrietta,"  her  boats,  tackle,  apparel,  furni- 
ture and  cargo,  and  are  now  duly  sworn  to  discharge  their 
duty  as  such  appraisers. 

At  a  stated  term,  to  wit,  the  May  Term,  A.  D.  1892, 
of  the  District  Court  of  the  United  States  of 
America,  in  and  for  the  District  of  Alaska,  held 
at  the  Court  Room,  in  the  town  of  Sitka,  on 
Thursday,  the  22d  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and 
ninety  two. 

Present— The  Honorable  Wabren  Truitt, 

Judge  U.  S.  District  Court. 
United  States  "1 


20 


vs. 


}-No.  353. 


30 


Schooner  "  Henrietta,"  her  boats,  tackle,  i 
apparel,  furniture  and  cargo.  j 

It  is  ordered  by  the  Court  that  R.  C.  Rogers,  Esq.,  be 
and  he  is  hereby  appointed  a  Commispioner  to  take  the 
testimony  on  part  of  the  libelant,  at  Sitka,  Alaska,  com- 
mencing on  the  26th  day  of  September,  1892,  and  likewise 
at  such  time  and  place  to  take  such  testimony  on  behalf 
of  the  claimants  as  they  may  produce. 

I  hereby  certify  that  the  foregoing  is  a  full,  true  and 
correct  copy  of  the  order  of  the  Court  entered  in  the  above 
entitled  cause. 
.Q     Attest  my  hand  and  seal  of  said  District  Court  this  26th 
^  day  of  September,  A.  D.  1892. 

N.  R.  PECKINPAUGH, 
[L.  s.]  Clerk. 

By 

Deputy  Clerk. 

In  the  United  States  Commissionei-'s  Court  for  the  Dis- 
trict of  Alaska,  at  Sitka. 
United  States  of  America,  District  of  Alaska,  ss. 
50  The  President  of  the  United  States  of  America,  to  T.  J. 
Hampton,  Henry  Jacobson,  C.  Doring,  J.  Thomson, 
J.  C.  West,   W.  Ebmeire  and  George  V.    Makerly, 
Greeting: 
You  are  hereby  commanded  to  appear  before  the  Com- 
missioner at  U.  S.  Dist.  Court  Room,  of  the  United  States, 
for  the  District  of  Alaska,  at  Sitka,  in  said  District,  on 
Monday  the  2(!th  day  of  September,  A.  D.,  1892,  at  10 
o'clock  A.  M.  of  that  day,  to  testify  as  a  witness  on  be- 
half of  the  plaintiff  in  the  case  of  The   United  States  vs. 
60 Schooner  "  Henrietta,"  her  tackle,  &c. 
Hereof  fail  not.     L.  8. 

Witness  my  hand  and  Seal  this  23d  day  of  September, 
A.  D.,  1892. 

R.  C.  ROGERS, 

U.  S.  Commissioner. 


2l»7 

(Exhibit  No.  18  U.  S.) 

United  States  of  America,  District  of  Alaska,  ss. 

I,  Orville  T.  Porter,  United  States  Marshal  for  the  Dis- 
trict of  Alaska,  do  hereby  certify  and  return  that  the 
within  subpfjena  came  into  my  hands  for  service  on  the 
23d  day  of  September,  18!>2.  And  that  I  personally  served 
the  same  forth'vith  on  each  of  the  within  named  persons 
by  reading  the  within  to  each  of  tliem  at  Sitka,  Alaska. 
«o  ORVILLE  T    PORTER, 

U.  S.  Marshal. 
By  JOHN  HANLAN. 
•  Special  Dep.  U.  S.  Marshal. 


20 


United  States  Court,  District  of  Alaska. 
United  States  ] 

vs.  I 

Schooner      "  Henrietta,"      her  }-  No.  353. 

boats,  tackle,  apparel,  furui-  | 

ture  and  cargo.  J 

By  virtue  of  the  order  hereto  anne.\ed  and  made  a  part 
hereto,  and  by  the  authority  therein  given: 

Be  it  remembered,  that,  I,  R.  C.  Rogers,  the  C'ommis 
sioner  by  said  order  appointed  to  take  the  testimony  on 
the  part  of  the  libelant  in  said  above  named  suit,  and  like- 
wise such  testimony  in  behalf  of  the  claimants,  as  they 
may  produce,  did  cause  to  come  before  me,  at  the  Court 
Room  of  the  said  U.  S.  District  Court,  at  Sitka  in  District 
20 of  Alasrka,  on  the  24th  day  of  September  l,si»2,  that  being 
the  day  appointed  by  said  order  to  commence  the  taking 
of  said  testunony.  between  the  hour  of  !>  o'clock  A.  M.  and 
5  o'clock  P.  M.  of  that  day,  the  following  per.sons  to-wit: 
C.  L.  Hooper.  F.  J.  Hampton,  C.  Doring,  H.  Jackson,  (r. 
Monhay,  J.  Thorsen,  W.  Ebmeier,  J.  C  West,  K.  T. 
Hatch,  to  be  examined  as  witnesses  in  the  case  now  pend- 
ing in  U.  S.  District  Court  wherein  the  United  States  is 
Plaintiff  and  the  sciiooner  "  Henrietta,"  her  tackle,  etc., 
is  Defenilant.  And  not  being  able  to  complete  the  taking 
jQof  the  testimony  on  that  day  by  reason  of  the  number  of 
said  witnesses,  and  the  length  of  the  deposition  of  each  of 
the  same  until  and  inclusive  of  the  i*8th  day  of  September 
iH'.iii  at  which  latter  date  the  same  was  concluded. 

And  the  said  C.  L.  Hoopkk  of  lawful  age  and  worn  to 
testify  the  whole  truth,  deposeth  and  saith: 

Q.  Please  state  your  name  and  official  position.  A.  C. 
L.  Hooper,  Captain  of  the  United  States  Keveuue  Cutter 
'•  Corwin." 

Q.  As  such  ofticei',  state  what  diity  you  were  doing  on 
50  the  ttth  of  Sept'jmber,  18l>2?     A.  I  was  in  command  of  the 
United  States  revenue  Cutter  "  Corwin"  at  Onulaska. 

y.  On  or  about  that  date  did  you  see  the  schooner 
"Henrietta"?    A.  I  did. 

Q.  What,  if  any,  action  did  you  take  in  reference  to  the 
"Henrietta"! 

Objected  to  as  unimportant  and  not  the  best  evi- 
dence. 

A.  I  seized  her  for  violation  of  the  U.  S.  Custom's  law. 

Q.  After  seizing  the  "  Henrietta,"  what  did  yon  do  with 
60  her? 

Objected  to  as  immaterial. 

A.  I  put  a  prize  crew  on  board  of  her  and  sent  her  to 
Sitka,  towing  her  part  of  the  way,  by  the  "Corwin." 
Upon  her  arrival  .t  Sitka,  I  delivered  her  to  the  Collector 
of  Customs,  with  her  cargo  and  papers  and  so  forth. 


298 


1 1'! 


iljiil 


(Exhibit  No.  18  U.  8.) 

Q.  What  was  inuluded  within  the  seizure? 

Objected  to  as  incompetent,  and  not  best  evidence. 
A.  Includes  vessel,  her  tackle,  cargo  and  so  forth,  and 
outfit. 

Q.  At  or  about  the  time  of  the  seizure  above  referred  to, 
did  you  examine  the  log  book  and  papers  of  the  "  Henri- 
etta"! 
lo  Objected  to  as  immaterial. 

A.  I  did. 

(^.  Pleatie  examine  the  log  book  and  papers  now  sub- 
mitted to  you  and  state  whether  or  not  they  ar«  the  same 
examined  by  you  at  the  time  of  the  seizure  referred  to? 

Objected  to  as  immaterial,  incompetent;  no  proper 
identification  of  said  papers  leferred  to  having  been 
made  and  no  pro|)er  foundation  laid  for  admission. 
A.  They  are  the  same.     I  have  examined  them. 
Q.  Please  give  the  name  of  each  book  and  paper  belong- 
2oing  to  the  schooner  "  Henrietta,"  to  the  reporter,  and  mark 
the  same  respectively  as  exhibits,  beginning  with  the  let- 
ter "  A,"  ana  continuing  alphabetically? 
Same  objection  as  last  above. 
A.  Exhibit  **  A,"  Certificate  of  British  Registry. 
"       "  B,"  Agrer.-  lent  and  account  of  Crew. 
"        "  C,"  Copy  of  Agreement,  to  be  made  acces- 
sible to  Crew. 
"       "  D,"  Coasting  Lisence. 
"        "  E."  Report  (Jut wards. 
30  "       "F,"  Bill  of  Health • 

"G."  Clearance. 
"H,"  Log  Book. 
"I,"  Official  Log  Book. 
Q.  State  now  particularly  where  the  seizure  was  made 
by  you}    A.  In  Dutch  Harbor,  Onulaska  Harbor. 

Q.  On  waters  navigable  f lom  the  sea  for  vessels  of  ten 
or  more  tons  burden? 

Objected  to  as  immaterial  and  incompetent. 
A.  Dutch  Harbor  is  navigable  for  any  class  of  vessels. 
40     Q.  As  a  Captain  in  the  United  States  Revenue  Marine 
Service,  and  commanding  the  steamer  "  Corwin,"  are  you, 
and  were  you  authorized  in  making  seizure  of  vessels  for 
violation  of  the  Revenue  laws  of  the  United  States? 
Objected  to  as  immaterial  and  incompetent. 
A.  1  am  authorized,  and  was  at  that  time. 
Cross  examination: 

Q.  Will  you  please  explain  the  manner  in  which  you 
make  seizure  of  vessels,  particularly  the  manner  of  the 
seizing  the  "  Henrietta  "?  A.  After  becoming  satisfied, 
50  that  the  vessel  had  violated  the  United  States  laws.  I  sent 
a  boat  to  the  "Henrietta"  and  requested  the  master  to 
come  on  board  the  "Corwin,"  I  then  and  there  notified 
him  verbally,  that  his  vessel  was  seized  by  me,  for  viola- 
tion of  the  United  States  Customs  laws,  subsequently  I 
gave  him  the  same  notice  in  writing,  and  also  gave  him  a 
receipt  for  his  log-book  and  papers,  and  placed  a  man  in 
charge  of  the  vessel. 

C.  L.  HOOPER, 

Captain  U.  S.  R.  M. 
"°     Sworn  to  and  subscribed  before  me,  on  the  day,  and  at 
the  place,  and  between  the  hours  aforesaid. 

R.  C.  ROGERS, 

U.  S.  Commissioner. 
On  motion  of  Mr.  Johnson,  U.  8.  Attorney,  this  exam- 
ination is  adjourned  until  Monday,  Sept.  26,  at  10  a.  h. 


^•^WPf 


999 

(Exhibit  No.  1»  U.  S.) 

Examination  resumed  at  10  A.  M.  Sept.,  26,  1892. 

Both  counsels  present. 
The  Plaintiff  offers  in  evidence  all  of  the  exhibits  here- 
inbefore identified,  and   marked  as  exhibits  "  A  "  to  "I" 
inclusive. 

The  Defendants  object  to  the  introduction  of  said  ex- 
hibits, and  each  of  them  as  immaterial,  incompetent,  and 
'Onot  having  been  properly  identified  or  proven,  and  insuflB- 
cient  foundation  laid  for  their  introduction. 

And  the  said  T.  J.  Hampton,  of  lawful  age,  and  sworn 
to  testify  the  whole  truth,  deposeth  and  saith: 

Q.  State  your  name  and  occupation?    A.  T.  J.  Hamp- 
ton, cook  and  steward. 

(^.  Whore  wei-e  you  employed  in  June,  1892?  A.  I  was 
employed  on  board  the  "  Henrietta." 

Q.  Do  you  know  the  harbor  or  bay  commonly  called 
Tonki  Bay?    A.  That  I  could  not  say.  only  what  I  have 
20 heard  othois  call  it.  bv  hearsay. 

Q  Was  the  "  Henrietta"  in  June,  1892,  in  the  bay  you 
heard  called  Tonki  Bay? 

Objected  to  as  immaterial. 
A.  She  was  in  the  bay   what  I  heard  them  say  was 
Tonki  Bay. 

Q.  Do  you  know  the  schooner  "  Kate  "? 

Objections  as  last. 
A.  Yes,  I  know  the  schooner. 

Q.  Was  she  in  this  bay  you  speak  of  at  the  same  time 
30that  the  "  Henrietta"  wasi 
Same  objection. 
A.  I  saw  the  "  Kate  "  there. 

Q.  Did  the  "Henrietta"  when  she  entered  Tonki  Bay 
have  on  board  any  seal  skins? 
Same  objection. 
A.  I  believe  she  had,  sir. 
Q.  State  the  number  as  nearly  as  you  can? 

Same  objection. 
A.  She  might  have  had  between  one  or  two  hundred, 
40  ill  fact,  I  had  nothing  to  do  with  the  skins. 

Q.  State  if  you  know  what  was  done  with  the  skins  in 

Tonki  Bay? 

Objected  to  as  immaterial  and  incompetent. 
A.  That,  I  can  not  say.     I  did  not  see  any  skin^  leave 

Q.  Did  you  see  any  merchandise  leave  the  vessel  while 
there? 

Same  objection.    . 
A.  I  saw  no  skins  or  merchandise  leave  the  "  Henri- 

5°etta." 

Q.  Did  the  "  Henrietta"  receive  on  board  any  stores  or 
merchandise  while  in  this  bay. 
Same  objection. 
A.  Yes,  I  went  over  without  permission  from  the  eap- 
tain  and  bummed  all  I  could. 
Q.  What  vessel  did  you  go  to? 

Same  objection. 
A.  The  schooner  "Kate." 

Q.  What  did  yon  get  from  the  schooner  "  Kate"? 
60  Same  objection. 

A.  I  got  some  meats  and  fruits.  About  four  dozen  I 
suppose,  three  or  four  sacks  of  coal,  a  few  sacks  of  pota- 
toes, about  four  or  five  boxes  of  biscuits,  about  a  couple 
of  barrels  of  flour. 


:ioo 


m 


(Exhibit  No.  18  U.  S.) 

Q.  Did  the  captain  of  the  "  Henrietta  "  know  that  these 
things  were  brought  on  board  ? 
Same  objection. 
A.  That  I  do  not  know  until  they  were  all  stowed  away, 
I  went  without  his  permisHiou. 

Q.  Did  he  know  after  they  were  stowed  away  where 
they  came  from? 
10  Same  objection. 

A.  That  I  could  not  say,  I  never  told  him  anything 
about  them  at  all. 
Q.  When  did  you  tell  him  about  them? 

Same  objection. 
A.  It  miglit  have  been  four  or  five  days  after. 
Q.  Was  anyone  with  you,  when  you  received  these  pro- 
visions from  the  "  Kate  "  ? 

Same  objection  as  last  and  as  leading. 
A.  Yes,  one  man  was  with  me. 
20     Q.  Please  state  his  name? 
Same  objection. 
A.  Mr.  West. 

Q.  How    were    the    provisions    transferred    from    the 
"  Kate  "  to  the  "  Henrietta  "  ?    A.  In  an  open  boat. 
Q.  Was  it  in  the  day  time  or  in  the  night  time? 

Same  objection  as  to  last  above. 
A.  In  the  day  time. 

Q.  Do  you  know  whei'e  the  master  of  the  '*  Henrietta  " 
was  at  that  time?    A.  I  do  not,  I  think  he  went  ashore. 
30     Q.  How  long  bad  the  "  Henrietta"  been  in  the  day  be- 
fore this  transfer  occurred? 

Objected  to  as  immaterial. 
A.  She  might  havH  been  two  or  three  days. 
Q.  Was  the  "Kate  "in  Tonki  Bay  when  the  "  Henri- 
etta "nrrived? 

Objected  to  as  immaterial  and  leading. 
A.   I  think  so. 

Q.  State  if  you  know  whether  the  "  Kate"  is  an  Ameri- 
can or  a  British  vessel? 
40  Same  ()l)jection  as  last  above,  not  the  best  evidence 

and  incompetent. 
A.  Tliat  I  cannot  say,  but  she  hailed  fr(»m  Victoria. 
Q.  Did  anyone  assist  you  other  than  Mr.  West  in  put- 
ting the  stores  taken  from   the   "  Kate "  on   board  the 
"  Henrietta  "  i 

Same  objectior.. 
A.  Not  to  my  knowledge,  only  the  cook  of  the  "  Kate," 
who  helped  to  pass  stores  along,  and  we  took  them  on 
board  ourselves. 
50  Q.  Who  was  on  boar<l  the  "  Henriet*'x,"  if  anyone, 
when  yon  brought  these  things  aboard?  A.  I  don't  think 
theie  was  anyone  on  board.  The  lioys  were  all  ashore 
washing  clothes. 

Q.  Was  the  "  Henrietta  "  at  anchor  or  on  the  beach  at 
the  time  of  this  transfer?    A.  She  was  at  anchor. 

(j.  Was  the  "  Henrietta  "  beached  in  the  bay  duringyour 
stay  there? 

Objected  to  as  immaterial  and  leading. 
A.  Believe  she  was. 
60     Q.  Did  this  transfer  of  stoies  occur  before  or  after  she 
was  beached? 

Objected  to  as  immaterial. 
A.  That  I  cannot  say,  it  may  have  been  before  or  after. 
Q.  Is  it  customary  and  usual  for  the  steward  to  procure 
from  the  schooners  so  large  an  amount  of  goods  as  were 


:^>l 


(Exhibit  No.  \h  I'.  S.) 

transferred  from  the  "Kato"  witliout  the  knowledge  or 
consent  of  the  master? 

Objected  to  as  inmiaterial,   incomp(>tent,  and  fur- 
ther, the  witness  has  not  shown  that  he  has  any 
knowledge  or  information  resi>ecting  such  custom. 
A.  It  is  customary  for  vessels  belonging  to  the  same  em- 
ploy, to  receive  goods  which  they  think  they  can  spare. 
10     Q.  Were  the  "Henrietta"  and  "Kate"  in  the  same 
employ? 

Objected  to  as  immaterial,  incompetent  and  not  the 
best  evidence. 
A.  Well,  I  believe  it's  the  same  man  that  shipi>ed   me, 
shipped  the  crew  of  the  "  Kate." 

Q.  Which  vessel,  the  "Henrietta"  or  the  Kate,"  left 
Tonki  Bay  first? 

Objected  to  as  immaterial. 
A.  I  cannot  say,  1  don't  know  if  we  went  out  ahead  of 
20  them,  or  them  ahead  of  us. 

Q.  When  the  "  Henrietta "  left  the  bay,  state  if  you 
know  whether  she  had  on  board  seal  skins  and  about  how 
many?  A.  I  do  not  know  if  she  had  any  seal  skins  left 
or  no. 

S.  Before  entering  Tonki  Bay,  did  you   know  that  the 
enrietta  "  expected  to  meet  the  "  Kate''? 

Objected  to  as  immaterial  and  as  incompetent  and 
hearsay. 
A.  Well,  I  heard  t^ome  talk  about  it.     I  heard  we  were 
30 going  to  meet  her  somewhere,  but  I  do  not  know  where. 
Q.  State,  if  you  know,  why  you  were  to  meet  her? 

Same  objection  as  last. 
A.  We  expected  to  meet  the  owuei-s  then. 
Q.  Did  you  meet  the  owner? 

Same  objection  as  last  above. 
A.   No. 
Cross-examination  : 

Q.  Is  it  not  true  that  the  "  Henrietta  "  was  compelled  to 
go  into  Tonki  Bay  to  secure  a  supply  of  fresh  water  at  the 
40  time  mentioned  in  your  direct-examination? 
Objected  to  by  plaintiff  as  immaterial. 
A.  Well,  we  would  had  to  go  to  some  place  anyhow, 
as  we  were  shoii;  of  water. 

Q.  Did  you  lay  in  a  suppy  of  fresh  water  there?  A.  We 
filled  up  everything,  even  two  boats. 

Q.  Was  this  supply  of  water  taken  in  by  the  "Henri- 
etta" necessary  for  the  health  of  her  crewi    A.  Yes,  we 
had  a  very  little  water,  we  had  to  have  it. 
Q.  Is  it  not  true  that  at  this  time  the  "  Henrietta  "  was 
50 out  of  wood  for  cooking  purposes? 
Objected  to  as  immaterial. 
A.  Yes,  we  was  short  of  fuel. 

Q.  Did  you  pick  up  any  driftwood  for  fuel  while  at  Tonki 
Bay?  A.  Yes,  we  picked  up  driftwood  there  and  picked 
up  driftwood  out  at  sea. 

Q.  Was  this  wood  necessary?  A.  Yes,  it  was  neces- 
sary. 

Q.  In  what  condition  was  the  "Kate"  then  in  Tonki 
Bay?    A.  I  do  not  know. 

Q.  Where  was  she  going  upon  leaving  Tonki  Bay?  A. 
I  believe  she  returned  to  Kajaka  on  Vancouver  Island. 

Q.  What  was  done  with  you  by  the  offlcei"s  of  the 
"  Yorktown  "  after  you  wei-e  seized?    A.  I  was  held  aboard 
the  "Henrietta." 
Q.  Were  you  held  as  a  prisoner?    A.  I  believe  I  wag. 


60 


w 


908 


lit 


jiiii 

li 


t 


(Exhil.it  Xo.  is  U.  S.) 

Q.  During  the  time  you  wcru  ho  held  a8  a  prisoner  were 
you  compelled  to  Hign  any  Htatenient  or  afrldavit  hy  the 
officer  seizing  you,  respecting  your  connection  with  the 
"Henrietta"? 

Objected  to  by  plaintiff  as  immaterial  and  improper 
course  of  examniation. 

A.  No.     No  officer  off  the  "  Yorktown "'  asked  me  to 
lo  sign  any  paper  or  statement, 

(^.  Did  any  officer  require  you  to  sign  such  a  statement 
or  affidavit;  if  so,  state  who?  A.  Captain  Hooper,  of  the 
"  Corwin,"  asked  niu  for  a  statement,  having  power  to 
do  so. 

Q.  Were  these  provisions  and  supplies  taken  by  you 
from  the  "Kate"  inToiiki  Bay  used  on  board  the  '"'  Hen- 
rietta "?     A.  Home  was.  and  some  left  yet. 

Q.  Were  they  taken  on  b(»ard  the  "  Henrietta"  by  vou 
for  any  other  purpose  than  that  of  lieing  used  for  food,  by 
2othecrewof  the  "Henrietta"?    A.  They  came  on  board 
just  for  the  crew,  no  one  else. 

y.  For  what  purpose  did  you  get  the  coal?  A.  For 
cooking  with. 

Q.  Were  the  supplies  needed  on  board  the  "  Henrietta" 
for  the  crewi  A.  Part  of  them  are  used,  some  of  them 
are  left. 

Q.  Was  it  not  necessary  to  beach  the  "  Henrietta"  in 
Tonki  Bay  for  the  purpose  of  scraping  her  bottom?    A. 
That  I  don't  know. 
30  Redirect- EX  A.MINAUON: 

y.  In  your  cross  examination  you  statci  that  the  "  Hen- 
rietta" would  have  been  compelled  to  go  into  some  harbor 
for  water  and  wood.  State  about  hi)W  many  days  the 
wood  and  water  would  have  lasted?  A.  I  guess  the  fuel 
might  have  lasted  ten  days  longer.  The  water  three 
weeks  or  a  month.  That  is  allowing  each  man  one  gallon 
of  water  a  day. 

Q.  At  the  time  you  signed  the  affidavits  you  referred  to 
in  your  cross-examination  did  Captain  Hooper  induce  you 
40 to  sign  the  same  through  fear  of  punishment  or  hope  of 
reward? 

Objected  to  as  immaterial  and  incompetent. 

A.  No,  he  did  not  threaten  with  any  punishment  or  re- 
ward, he  said  it  was  necessary  for  me  to  put  my  name 
there. 

Q.  Did  you  know  the  contents  of  the  affidavit,  before 
you  signed  it?    A.  Yes. 

Q.  Did  the  fact  that  you  signed  the  affidavit  make  any 
difference  with  your  testimony  to-daj?? 
50  Objecte(  to  as  immaterial  and  incompetent. 


A.  No. 

Sworn  to  ai 
the  place,  and 

By  mutual 
until  1.30  p.  M 


T.  J.  HAMPTON, 
subscribed  before  me  on  the  day  and  at 
^tween  the  hours  aforesaid. 

R.  C.  ROGERS,  U.  S.  Commissioner, 
nsent  of  both  Counsel,  Court  adjourned 


Examination  resumed  at  1.80  P.  M.,  Sept.  26,  1892. 
°°     And  the  said  C.  Dorino  of  lawful  age,  and  sworn  to  tes- 
tify the  whole  truth,  deposeth  and  saith: 

Q.  State  your  name  and  occupation?     A.  C.   Doring. 
Able  seaman. 

Q.  Do  you  know  the  schooner  "  Henrietta  "?     A.  Yee, 
sir. 


:io:t 


(Rxliibit  No.  18  U.  S.) 

Q.  Were  you  j'mployed  on  hoard  nnid  schooner  during 
the  present  year^    A.  Yes,  nir. 

Q.  When  and  where  did  you  join  the  "  Henrietta"?    A. 
On  tl)e  first  of  July  in  Tonki  Bay. 
y.  Where  had  you  roiue  from  to  Toniii  Bay? 

Objected  to  as  itnniatt.'rial. 
A.  Came  from  KaRiut,  in  the  schooner  "Kate.'' 
10     Q.  State,  if  you   itnow,  whether  fin-  seal  skins   were 
transferred   from   the   "'Henrietta"  to  the  "Kate"   in 
Tonki  Bay? 

Objected  to  as  incompetent. 
A.   Yes. 
Q.  (live  the  number  as  near  as  you  can* 

Objected  to  as  incompetent. 
A.  One  hundred  and  eiglit. 

(^.  State  if  you  know,  wliether  storea  or  merclmndiso 
of  any   kind   were  transferred  from  the  "Kate"  to  the 
20  "  Henrietta  "  in  Tonki  Bay? 

Objected  to  as  immaterial  and  incompetent. 
A.  Yes. 

Q.  State  what  was  transferred  as  fu'ly  aw  you  know. 
A.  Five  sacks  of  coal,  five  boxes  of  biscuit,  ten  sacks  of 
flour,  canned  goods  and  little  thinj^s  I  had  nothing  to  do 
with. 

Q.  Did  you  assist  in  transferring  or  receiving  on  board 
the  "  Henrietta  "  any  of  the  merchandise? 
Same  objection 
30     A.  Assisted  in  transferring  the  biscuit  and  flour,  the  rest 
of  the  stuff  I  had  nothing  to  do  with. 

Q.  Did  you  assist  in  this  transfer  as  above  stated  by  the 
orders  of  anyone?    If  so,  whoni^ 
S;  me  oVjjection. 
A.  I  assisted  by  the  order  of  the  Mate  John  Thoreon. 
Q.  Was  the  master  of  the  "  Henrietta  "  present  at  the 
transfer  of    the  seal  skins  or   the    merchandise    above 
referred  to? 

Same  objection. 
40     A.  He  was  present,  when  receiving  the  biscuit  and  flour. 
Seal  skins,  I  don't  know,  for  I  received  them  on  boai-d  the 
"Kate."     I  was  not  on  board  the  "  Henrietta "  at  the 
time.     I  joined  her  later. 

Q.  Who  delivered  the  skins  from  the  "Henrietta"  to 
you  on  the  "Kate?" 
Same  objection. 
A.  The  mate  and  two  men. 

Q.  Give  the  names  if  you  know  them?    A.  J.  Thorson, 
mate,  George  Mowhay  and  Fred  Ebemeier. 
50     Q.  State  if  you  know,  whether  the  "Kate"  or  "Hen- 
rietta "  left  Tonki  Bav  first? 

Objected  to  asi  imiaterial. 
A.  The  " Kate"  left  Tonki  Bay  first. 
Q.  When  you  shipped  on  the  "  Kate,"  where  was  she 
bound  for? 

Objected  to  as  immaterial,  incompetent  no*  the  best 
evidence. 
A.  She  was  going  on  a  sealing  and  hunting  cruise  in  the 
North  Pacific  Ocean. 
60     Q.  State,  if  you  know,  where  she  sailed  for  frona  Tonki 
Bay. 

Same  objection  as  last  above. 
A.  Kagiut,  west  coast  of  Vancouver  Island. 
Q.  State,  if  you  know,  why  she  returned? 
Same  objection  as  last  above. 


304 

(Exhibit  No.  IS  U.  S.) 

A.  The  Indian  hunters  did  not  want  to  go  over  to  the 
Russian  side,  Copper  Islands. 

Q.  Were  the  Indians  you  ivfer  to  employed  by  the 
"  Kate  "  for  hunting  purposes? 

Same  objection  as  last  above. 

A.  Yes,  they  were. 
Cross-examination: 
'o     Q.  Is  it  not  true,    that  the  "Kate"  had  beconie  dis- 
masted before  she  left  Tonki  Bay,  or  before  she  came  to 
Tonki  Bay?    A.  Her  foremast  head  was  carried  away,  be- 
fore she  rame  to  Tonki  Bay. 

Q.  Is  this  not  one  of  the  reasons  why  she  returned?  A. 
No.  The  Captain  would  have  gone  over  to  Copper  Islands 
if  the  Indian  liunters  wanted  to  go. 

Q  What  was  the  name  of  the  Captain  of  the  "  Kate" 
at  that  time?    A.  Alx.  Taylor. 

Q.  Is  it  not   true   that  all   of   the  skins  on  board  tlie 
20  "  Henrietta"  at  the  time  she  was  seized  were  taken  after 
you  left  Tonki  Bay  or  aftei  July  i.  lS!tL>?    A.  Yes.     They 
were  taken  a?'  u*  she  left  on  the  way. 

Q.  Did  yt)u  ^ee  Captain  Pinckney  at  the  time  that  you 
say  the  sealskins  were  plated  on  board  the  "Kate"?  A. 
No. 

Q.  Was  n(»t  the  flour,  biscuit  and  canned  goods  taken 
from  the  "  Kate  "  and  put  <m  board  the  "  Henrietta  "  ordi- 
nary stores  and  provisions  for  the  vessel?    A.  Yes. 

Q.  Was  not  the  coal  so  taken  on  board  the  "  Henrietta  " 
30  needed  there  for  fuel?    A.  Yes. 

Q.  Did  the  "  Henrietta  "  at  any  time  after  you  went  on 
board,  unlade  any  »jf  her  supplies? 

Objected  to  by  plaintiff  as  innnaterial  and  not  proper 
cross-examination. 

A.  No. 

i).  Did  the  "  Henrietta"  atany  time  after  you  went  on 
board  of  her,  touch  at  any  point  prior  to  the  seizure?  A. 
No. 

Q.  Is  there  any  inhabitants  or  settlement  on  the  coast  of 
40 Tonki  Bay?    A.  Tiiere  is  no  inhabitants  in  Tonki  Bay. 

Q.  Is  there  any  inhabitants  or  settlement  on  Afognak 
Island?    A.  I  don't  know. 

Q.  Is  tliere  a  place  near  where  the  "Henrietta"  was 
anchored  in  Tonki  Bay  for  securing  fresh  water?  A. 
Yes. 

(J.  Did  the  "  Henrietta"  lay  in  a  supjily  of  fresh  water, 
and  also  a  sup|)ly  of  wood,  while  in  Tonki  Bay? 
Objectt'd  to  by  plaintiff  as  immaterial 

A.  Yes. 
■  50     Q.  Were  these  supplies,  including  the  fresh  water,  wood, 
coal  and  provisions,  necessary  for  the  vessel  at  that  time? 
A.   Yes. 

Q.  After  the  "Henrietta"  was  seized,  what  was  done 
witii  you  by  the  officer  of  the  "  Yorktown  "?  A.  We  was 
took  on  board  the  "  Yorktown." 

Q.  Were  you  taken  th^M'e  as  prisoners?  A.  We  bad  our 
liberty  wliile  we  were  there. 

Q.  Were  you  allowed  to  go  ashore?    A.   No. 

cj.  Did  the  captain  of  the  "  Yorktown  "  require  you  to 
"°sign  any  affidavits  pertaining  to  your  employment  on  the 
"  Henrietta"? 

Objected  to  by  plaintiff  as  immaterial. 

A.  Yes. 

Q.  Did  he  write  the  affidavit  himself?    A.  I  don't  know. 

Q.  Did  you  write  it?    A.  No. 


)^^m 


im 


■  *  1  "^H'W 


,   f 


(Exhibit  No.  18  U.  S.) 

Q.  Has  that  attidavit  been  read  to  you  since  your  arrival 
in  Sitka,  and  before  this  examination?    A.  No. 

Q.  Has  your  testimony  hei-e  to-day  been  influenced  by 
the  fact  that  hie  affld.ivit  had  been  previously  obtained 
from  you?  A.  No. 
Rrdirect-examination: 
In  your  cross-examination  you  state  that  the  provisions 
•0  received  on  board  the  "  Henrietta "  from  the  "Kate" 
were  necessary  for  the  crew.  Please  state  how  long  time 
the  provisions  ah'eady  on  board  would  have  lasted  the 
crew  if  none  had  been  received  from  "  Kate''? 

Objected  to  as  immaterial  and  the  witness  has  not 
shown  himself  competent  to  testify. 
A.  I  don't  know.     I  was  not  on  board  the  "  Henrietta  " 
at  the  time. 

Q.  Were  any  provisions  or  stores  leceived  on  board  the 
"  Henrietta"  after  you  left  Tonki  Bay? 
-o  Objected  to  as  immaterial. 

A.  No. 

Q.  Were  there  still  remaining  on  board  tiie  "  Hen- 
rietta" when  seized,  as  many  provisions  and  stores  as  were 
taken  from  the  "  Kate  "? 

Objected  to  as  immaterial  and  incompetent,  witness 
not  showing  himself  competent  to  testifjr. 
A.  I  don't  know.     I  have  notbing  to  do  witb  the  stores. 
Q.  Will  you  then  please  explain  what  you  mean  by  say- 
ing stores  received  from   the   Kate  were   necessary?     A. 
30  The  canned  goods  weie  necessary,  they  are  all  used  up, 

KeCROSS- EXAMINATION : 

Q  Is  it  not  true  that  the  "  Henrietta"  had  a  larger  crew 
by  two  men  at  least,  wher.  she  left  Tonki  Bay  than  when 
she  entered  it?  A.  Slio  bad  a  larger  crew  of  white  men, 
but  eight  Indians  bad  left  her. 

Q.  Were  the  Indians  a  i)art  of  her  regular  crew  or  were 
they  simply  hunters  picked  up  after  she  left  Victoria?  A. 
They  were  hunters  picked  up  after  she  left  Victoria. 

Q.  Is  it  not  true  tiiat  these  hunters  are 'ot  a  part  of  a 
"^^  vessel's  regular  crew,  but  are  taken  on  and  put  off  when 
and  whereever  they,  the  humors,  desire?  A.  The  Indian 
hunters  are  taken  out  of  Vancouver  Isiaud,  and  they  can 
leave  when  they  want  to.  On  Vancouver  Island  they  go 
and  come  just  as  they  feel  like  it. 
Kedirectexamination  : 

Q.  W^hile  these  hiintt'rs  above  referred  to  are  on   board, 
do  they  board  themselves  or  are  tliey   provided   board  by 
the  vessel  carrying  them?     A.  They  are  provided  for  by 
CO  the  vessel. 
'  C.  DO  RING. 

Sworn  to  aid  subscribed  to  before  me  on  the  day  and  at 
the  place  and  between  the  hours  aforesaid. 

R.  C.  RoGEKS,  U.  S.  Connnissioner. 

And  the  said  H.  Jacobson  of  lawful  age  and  sworn  to 
testify  the  whole  truth,  deposeth  and  saith: 

Q.  What  is  your  name  and  occupation?  A.  Henry 
Ja6ob8on,  hunter. 

Q.  Where  were  you  employed  in  June  and  July  this 
^»year?  A.  On  the  ''Henrietta"  in  July  and  the  "Kate" 
111  June. 

Q.  When  did  you  join  the  "  Henrietta  "  ?  A.  In  Tonki 
Bay. 

Q.  When?    A.  July  ist. 

Q.  While  in  Tonki  Bay  did  the  "Henrietta"  unlade 
any  seal  skins'?    A.  Yes. 


Kf  i 


m 


306 

(Exhibit  No.  18  U.  S.) 

Q.  What  was  done  with  them? 

Objected  to  as  incompetent.    The  witness  has  not 
sufficiently  shown  his  qualification  to  testify. 
A.  Taken  on  board  the  "  Kate." 
Q.  About  how  many?    A.  One  hundred  and  eight. 
Q.  Did  the  "  Henrietta"  while  in  Tonki  Bay  receive  on 
board  any  cargo  or  stores  of  any  kind  i 
lo  Same  objection  as  to  the  last  above. 

A.  She  got  some  stores. 
Q.  What  stores  did  she  get? 

Same  objection. 
A.  Coal,  potatoes,  buscuits  and  flour  and  some  canned 
goods. 

Q.  Do  you  know  where  these  stores  came  from?  If  so 
state? 

Same  objection. 
A.  Yes;    they  came    from  Victoria    in  the    schooner 
20  "Kate."    They  were  part  of  her  supplies. 

Q.  Did  you  assist  in  transferring  or  receiving  on  board 
the  seal  skins,  or  any  of  the  provisions  referred  to?  A. 
Yes,  I  was  down  in  the  hold  taking  in  the  skins  on  the 
"  Kate."    The  stores  I  just  handed  out. 

Q.  State  if  you  know  whether  the  "  Kate  "  was  a  Brit- 
ish or  American  bottom? 

Objected  to  as  immaterial,  and  not  the  best  evi- 
dence. 
A.  I  don't  know. 
30     Q.  State  what  flag,  if  any,  she  flew  while  you  were  em- 
ployed on  her  the  trip  from  Victoria^  to  Tonki  Bay? 
Objected  to  as  immaterial. 
A.  The  British  flag. 

Q.  After  leaving  Victoria,  and  before  reaching  Tonki 
Bay,  did  the  "  Kate  "  enter  and  clear  from  any  port? 

Objected  to  as  immaterial,  incompetent,  and  not 
the  best  evidence. 
A.  We  did  not  enter  and  clear  as  there  was  no  Custom 
House,  but  she  entered  another  port  or  harbor. 
40     Q.  State  if  you  know  what  harbor  she  entered?    A. 
Taganak,  in  Vancouver  Island. 

Q.  Why  did  vou  leave  the  "  Kate  "  and  join  the  "  Hen- 
rietta "  at  Tonki  Bay? 

Objected  to  as  immaterial  and  irrelevant. 
A.  Because  the  "Kate"  was  going  home  to  Kagiuk 
and  I  wanted  to  make  the  full  season. 
Cross-examination: 

Q.  Did  you  see  the  seal  skins  stored  by  you  in  the  hole 
of  the  "Kate"  in  Tonki  Bay,  taken   'rom  the  "Hen- 
5°  rietta "?    A.  Yes,  I  saw  them  handed  ir.  the  boat  from 
the  "Henrietta." 

Q.  Were  these  provisions  and  stores  that  were  taken 
on  hoard  the  "Henrietta"  the  ordinary  supplies  of  the 
"Kate?"    A.  Yes,  they  were. 

Q.  Were  they  needed  on  board  the  "  Henrietta  "?  A. 
Yes. 

Q.  Were  all  the  skins  now  belonging  to  the  cargo  of 
the  "Henrietta"  caught  after  you  left  Tonki  Bay?.  A. 
Yes. 


60 


HENRY  JACOBSON. 
Sworn  and  subscribed  to  before  me,  on  the  day,  and  at 
the  place  and  hours  aforesaid. 

R.  C.  ROGERS, 

U.  S.  Commissioner. 


:m»7 


■  Henrietta  "  present;    A. 


(Exhibit  No.  J 8  U.  S.) 

And  the  said  G.  Moberly  of  lawful  age  and  sworn  to 
testify  the  whole  truth,  deposeth  and  saith: 

Q.    State    your    name    and    occupation;     A.    Georg;e 
Moberly,  able  seaman. 
Q.  Do  you  know  the  schooner  "  Henrietta  "  ?   A.  Yes. 
Q.  Were  you  employed  on  board  of  her  in  the  months 
of  June  and  July.  1892?    A.  Yes. 
ID     Q.  Was  the  "  Henrietta  "  in  an  American  harbor  or  port 
during  the  month  of  June?    If  so  state  what  harbor. 
Objected  to  as  immaterial. 
A.  Yes,  she  was  in  an  American  port,  Tonki  Bay. 
Q.  State  if  you  know  why  she  went  into  Tonki  Bay? 

Objected  to  as  immaterial,  and  heareay. 
A.  She  went  in  there  to  leave  her  skins  and  get  water 
and  wood. 

Q.  Did  she  leave  her  skins;    A.  Yes. 
Q.  How  many?    A.  One  hundred  and  eight. 
20     Q.  What  did  she  do  with  them? 

Objected  to  as  immaterial  and  incompetent. 
A.  Transferred  them  over  to  the  "Kate." 
Q.  Did  you  assist  in  the  transfer? 
Same  objection  as  last  above. 
A.  Yes. 

Q.  By  whose  order?    A.  The  mate  of  the  "Henrietta," 
John  Thoreson. 

Q.  Was  the  master  of  the 
He  was  aboard  the  "  Henrietta 
30     Q.  Did  the  "Henrietta''  while  in  Tonki  Bay,  receive  on 
board  any  merchandise?    If  so  state  what. 
Same  objection  as  last  above. 
A.  Yes,  five  bags  of  potatoes,  five  sacks  of  coal,  five 
boxes  of  buscuit,  ten  bags  of  flour,  and  some  small  stores, 
canned  stuff,  &c. 

Q.  State  if  you   know   where  this  merchandise  came 
from? 

Same  objection. 
A.  It  came  from  the  "  Kate." 
40     Q.  Did  you  assist  in  transferring  or  receiving  on  board 
the  "  Henrietta  "  any  of  these  stores? 
Same  objection. 
A.  I  assisted  in  the  whole  of  them. 
Q.  By  whose  order?    A.  The  mate. 
Q.  Was  the  master  of  the  "  Henrietta  "  present  when 
any  of  these  stores  were  received  on  board  the  "  Henri- 
etta "?    A.  Yes.  he  was  on  board  when  all  of  them  came. 
Q.  When  and  where  uiu  you  join  the   "Henrietta"? 
A.  At  Victoria,  l-2th  day  of  March,  1892. 
50     Q.  Were  you  with  her  all  the  time  from  that  date  until 
she  reached  Tonki  Bay?    A.  Yes. 

S.  After  leaving  Victoria  and  befoi-e  discharging  her 
skins  in  Tonki  Bay,  had  the  "  Henrietta"  entered  and 
cleared  from  and  port  of  entry  in  Alaska? 

Objected  to  as  immaterial,  incompetent  and  not  the 
best  evidence. 
A.  No,  she  had  not  been  in  any  port  where  there  was  a 
Custom  Office  since  she  left  Victoria. 
Q.  When  the   "Henrietta"  entered  Tonki  Bay,  what 
60  was  her  condition  as  to  supply  of  fresh  water  and  provis- 
ions?    A.    She    had  enough   provisions  to  do  her  two 
months  and  over,    water  and  wood  six  weeks  to  two 
months. 

S.  On  the  day  she  entered  Tonki  Bay   was  she  coin- 
ed to  do  so  by  reason  of  stress  or  weather?    A.  No. 


806 


:'? 


20 


(Exliibit  No.  is  U.  S.) 

(^.  On  the  day  last  referred  to  was  the  "  Henrietta'*  dis- 
abled or  unseaworthy?    A.  No. 

Cross-examination.  Q.  How  much  fresh  water  did 
the  "  Henrietta"  have  on  board  at  the  time  she  entered 
Tonki  Bay?    A.  She  a  tank  full  and  two  or  three  casks. 

Q.  How  many  gallons  did  she  have?    A.  I  don't  know. 

Q.  About  how  many  gallons?    A.  I  could  not  tell  you 
*°that;  I  never  measured  the  tanks  or  casks. 

Q.  How  many  gallons  did  each  of  these  casks  hold?  A. 
Tiiat  is  more  than  1  could  tell  you. 

(^.  What  was  the  size  of  the  tank,  measured  by  feet  and 
inches?    A.  I  don't  know;  I  never  measui-ed. 

y.  Can  you  not  give  an  estimate  as  to  size?  A.  I  do 
not  know  what  they  measured.  I  know  how  long  one  of 
them  lasts. 

(^.  How  nianv  men  were  on  hoard  when  the  "  Henrietta" 
left  Tonki  Bay?    A.  Thirteen. 

Q.  On  what  day  was  the  "Henrietta"  seized?  A.  She 
was  seized  on  Sunday.  I  don't  know  the  day  of  the  month. 
I  think  it  was  Sunday,  the  first. 

Q.  How  much  water  did  you  have  on  board  at  the  time 
you  were  seized'    A.  That  I  don't  know. 

y.  How  much  wood  did  you  have  on  board  when  you 
went  into  Tonki  Bay?  A.  We  had  enough  wood  to  do  us 
six  weeks. 

Q.  How  large  a  pile  of  wood  was  \ti  A.  I  never 
measured  it. 
3°  Q.  Can  you  not  estimate  the  amount  of  wood  you  had 
on  hoard  then?  A.  No,  I  don't  know;  we  had  wood  on 
deck  and  down  below.  Hard  to  tell  how  much  you  had, 
if  you  did  not  measure  it. 

ij.  Did  you  not  take  on  a  fresh  supply  of  water  and 
wood  while  in  Tonki  Bayi:  A.  Yes;  we  filled  up  every- 
thing water,  and  two  boats  of  wood. 

Q.  How  niucli  water  did  you  take  on?    A.  Don't  know. 

Q.  How  many  ca.sks  did  you  fill?  A.  That  I  could  not 
s;>y.  Filled  all  that  were  empty. 
'*°  ii-  How  do  you  know  that  you  filled  all  that  were 
empty,  if  you  do  not  know  the  number  that  you  filled? 
A.  Because  I  passed  the  water  out  of  the  boats,  and  when 
everything  was  filled  there  was  water  left  in  the  boat. 

Q.  How  many  water  casks  did  the  "  Henrietta  "  have 
on  board  at  that"  time?    A.  Ten. 

y.  How  many  tanks  did  she  have?    A.  Two. 

(}.  Did  you  fill  as  many  as  eight  of  these  casks?  A. 
I  don't  know,  as  I  wan  not  on  deck  when  they  were  pour- 
ing water  into  them. 
'^  Q.  Before  you  began  laying  in  this  supply  of  fresh 
water  did  you  examine  yourself  the  vessels,  water  tanks 
iind  casks,  and  ascertain  which  ones  were  empty  and 
wliich  ones  were  filled?     A.   Yes. 

(,).  Then  can  you  not  now  state  the  number  of  casks 
tliat  were  empty?  A.  No;  because  some  of  the  casks  had 
water  in  them,  one  tank  was  full,  and  some  water  in  the 
other  one? 

y.  How  much  water  was  in  this  tank?    A.  I  did  not 
,   measure  it. 

^'°     l^.  Was  it  about  half    full?     A.  It  is  pretty  hard  to 
judge  without  you  got  a  stick  and  measured  it. 

y.  Did  you  ever  make  a  voyage  on  the  "  Henrietta  "  be- 
fore  this  year?    A.  No. 


809 


-Wiqppi' 


(Exhibit  No.  18  U.  S.) 

Q.  What  are  you  doing  now?  A.  Sitting  in  a  chair  now 
at  the  present  time. 

(Answering  questions  to  Mr.  Hastings.) 

Q.  What  occupation  are  you  following  at  this  time? 
A.  Go  to  sea  for  a  living  as  a  sailor. 

Q.  Are  yon  doing  anything  in   the  way  of  employment 
now?    A.  Have  not  been  doing  anything  since  I  left  the 
lo"  Henrietta." 

Q.  Is  it  not  true  that  you  as  well  as  the  other  witnesses 
who  have  testiKed  here  to-day,  are  being  maintained  at 
the  expense  of  the  Government? 

Objected  to  by  plaintiff  as  immaterial  and  incom- 
petent. 

A.  Yes. 

Q.  Is  it  not  also  true  that  you  and  also  as  well  as  those 
witnesses  expect  to  be  maintained  for  a  considerable  time 
in  the  future? 
20  Same  objection  as  last  above. 

A.  I  don't  know  anything  about  that. 

Q.  Have  you  as  well  as  the  several  witnesses  that  have 
testified  to-day  been  in  the  custody  of  the  Mai-shal  since 
your  arrival  at  Sitka?  A.  Yes,  when  the  "Coquitlan" 
went  out,  from  about  !»  o'clock  in  the  morning  until  11 
o'clock. 

Q.  Are  you  now  in  the  actual  custody  of  the  Marshal,  or 
are  you  permitted  to  have  your  liberty  on  tlie  promise  not 
to  leave  the  town? 
30  Same  objection  as  above  stated. 

A.  I  have  not  promised  nobody. 

Q.  Are  you  confined  in  any  prison?    A.  No,  sir. 

Q.  Are  you  at  liberty  to  go  about  the  town  when  ever 
and  wherever  you  hke?  A.  Yes,  I  believe  so,  as  far  as  I 
know. 

Q.  And  this  is  true  of  the  other  witnesses  who  have  tes- 
tified?   A.  As  far  as  I  know  it  is  the  same. 

Q.  Is  it  not  true  that  since  your  art  ivalin  Sitka,  you 
have  bad  considerable  feeling  against  the  owners  of  the 
40  "  Henrietta,"  and  have  so  expressed  yourself?    A.  No,  sir; 
I  have  no  ill  feeling  towards  them. 

Q.  Have  you  not  expressed  such  ill  feeling;  A.  No,  I 
cannot  say  that  I  have. 

O.  Then  vou  say  that  you  have  not?    A.  Yes,  sir;  lean. 

GEORGE  MOBERLY. 

Sworn  to  and  subsciibed  before  nie  on  the  day.  and  at 
the  place,  and  between  the  hours  aforesaid. 

R.  C.  ROGERS, 

U.  S.  Commissioner. 

^°  Upon  motion  of  proctor  of  defendant  the  further  cross- 
examination  of  the  witness  is  adjourned  until  Tuesday, 
Sept.  27,  ls<t2,  at  in  a.  m.  that  day. 

Examination  continued  at  lo.Ho  a.  m.  Tuesday,  Septem- 
ber 27,  I8i)2. 

And  the  said  John  Thokeson,  of  lawful  a<<e,  and  sworn 
to  testify  the  whole  truth,  deposeth  and  saith: 

Q.  What  is  your  name  and  occupation?  A.  JohnThoro- 
^  son,  sailor. 

Q.  Where  have  you  been  employed  during  the  past 
summer?    A.  Sealing. 

Q.  On  what  vessel?    A.  The  "  Henrietta." 

Q.  What  position?    A.  Mate. 


nr 


i 


»10 

(Exhibit  No.  18  U.  S.) 

Q.  During  the  month  of  June  was  the  "Henrietta  ''  in 
any  harbor? 

Objected  to  as  immaterial. 
A.  She  was  in  Tonki  Bay. 

Q.  While  in  Tonki  Bay  did  the  "  Henrietta "  unlade 
any  merchandise?     If  so,  state  ■  'hat?     A.  Yes,  we  de- 
livered some  skins. 
ID     Q.  To  whom?    A.  To  the  schooner  "  Kate." 
Q.  How  many?    A.  One  hundred  and  eight. 
Q.  By  whose  orders? 

Objected  to  as  immaterial  and  incompetent. 
A.  Captain  Pinckney's. 

Q.  Did  the  *'  Henrietta"  while  in  Tonki  Bay  receive  on 
board  any  merchandise? 

Same  objection  as  before. 
A.  Yes,  sir;  some  bread,  flour,  coal,  some  potatoes. 
Q.  Where  were  these  received  from? 
20  Same  objection. 

A.  From  the  "Kate." 
Q.  By  whose  order  were  they  gotten? 

Objected  to  as  immaterial  and  incompetent. 
A.  Captain  Pinckney's. 

Q.  What  was  the  supply  of  provisions,  including  wood 
and  water,  on  board  the  "  Henrietta,"  when  she  entered 
Tonki  Bay? 

Objected  to  as  incompetent. 
A.  I  tiiink  it  would  last  a  couple  of  months.      Wat'  • 
30  about  five  or  six  weeks. 

Q.  What  was  the  condition  of  the  "Henrietta"  as  to 
bc;ing  seaworthy,  when  she  entered  Tonki  Bay? 
Same  objection  as  last  above. 
A.  She  was  just  as  good  as  when  we  left  Victoria,  only 
her  bottom  was  a  little  dirty. 

Q.  What  was  the  condition  of  the  weather  and  sun  on 
the  day  she  entered  the  bay?     A.  Fine  weather  the  day 
we  came  into  Tonki  Bay. 
Q.  Were  you  on  board  the  "  Henrietta"  everyday  from 
40 the  time  she  left  Victoria  until  she  entered  Tonki  Bay? 
Objected  to  as  immaterial. 
A.  Yes,  sir. 

Q.  After  leaving  Victoria  and  before  entering  Tonki 
Bay  did  the  "Henrietta"  enter  anv  port  or  place  in 
Alaska? 

Objected  to  as  inmiateriai,  incompetent  and  not  the 
best  evidence. 
A.  No,  sir;  not  that  I  can  remember. 
Cross-examination  : 
50     Q.  Were  you  ever  engaged  as  a  mate  on  a  sealing  voy- 
age to  the  I^orth  Pacific  Ocean  before  this  year?     A.  No, 
sir;  this  is  the  first  season. 

Q.  Have  you  been  employed  on  the  "  Henrietta  "  in  any 
capacity  before  this  year?    A.  No. 

Q.  Have  you  ever  been  in  the  North  Pacific  Ocean  on  a 
sealing  voyage  before  this  year?  A.  Yes,  sir;  three  times 
before  I  have  been. 

Q.  How  many  men  were  on  board  the 
the  time  she  entered  Tonki   Bay?     A, 
^  think. 

Q.  Were  you  at  all  times  familiar  wMth  the  stores  and 
supplies  of  the  "Henrietta"?  A.  Yes,  except  what  be- 
longs to  the  cook,  I  have  charge  of  all  the  stores. 

Q.  Will  you  please  explain  what  you  mean  by  those  in 
charge  of  the  cook?    A.  The  cook  always  takes  charge  of 


"Henrietta"  at 
Twenty- four,  I 


«11 

(Exhibit  No.  18  U.  S.) 

t'le  stores  belonging  to  the  cabin,  the  mate  has  nothing  to 
do  with  it. 

Q.  Then  the  cook  knows  more  about  the  cabin's  sup- 
plies and  stores  after  the  voyage  is  begun  than  does  any 
other  penwn  on  the  vessel?  A.  He  knows  a  little  more 
than  me. 

Q.  How  long  was  the  voyage  to  extend  after  the  "  Heu- 
lorietta"  left  Tonki  Bay?    A.  There  was  no  certain  time 
given.     We  expected  to  stop  away  about  two  or  three 
months. 

Q.  Is  there  not  a  place  in  Tonki  Bay  for  getting  fresh 
water?    A.  Yes,  there  is  a  place  to  get  water  there. 

Q.  Was  not  this  place  the  nearest  point  that  you  would 
be  at  within  a  month  after  you  entered  Tonki  Bay  where 
you  could  get  a  supply  of  fresh  water?  A.  No,  sir;  I 
don't  think  so. 

Q.  Are  there  any  inhabitants  or  residents  in  or  near  the 
20  shores  of  Tonki  Bay?    A.  Not  that  I  know  of. 

Q.  Were  there  any  inhabitants  in  June  last  on  Afognak 
Island?    A.  Not  that  I  know. 

Q.  What  was  the  condition  of  the  schooner  "Kate" 
while  she  was  in  Tonki  Bay?    A.  I  don't  know,  sir. 

Q.  Was  not  her  foremast  head  carried  away?  A.  Yes,  it 
was  carried  away  on  the  West  Coast,  but  was  all  fixed  up 
again. 

Q.  What  was  the  amount  of  stores  that  you  had  on 
board  the  "  Henrietta  "  at  the  time  you  arrived  at  Sitka? 
30  A.  Well.  I  don't  know  exactly,  as  far  as  I  can  judge,  20 
sks.  of  flour,  8  bxs.  of  biscuits,  5  or  6  mats  of  sugar,  four 
or  five  mats  of  rice,  and  some  salmon  and  small  stores,  I 
don't  know  exactly. 
Redirect- EXAMINATION : 

Q.  Before  entering  Tonki  Bay,  did  you  have  any  con- 
versation with  Captain  Pinckney  in  regard  to  the  "  Hen- 
rietta "  entering  the  bay? 

Objected  to  as  immaterial,  incompetent  and  hear- 
say. 
40     A.  Yes. 

Q.  Please  state  that  conversation? 
Same  objection  as  last  above. 

A.  He  said  that  he  wanted  to  get  in,  and  get  some 
water  and  wood  and  stores  and  deliver  the  skins. 

RECROSS-EX  AMIN  ATION : 

Q.  Was  not  this  supply  of  wood  and  fresh  water  neces- 
sary?   A.  Well,  not  exactly  for  a  month  or  so. 

Q.  Were  the  supplies  taken  from  the  "  Kate  "  taken  on 
board  the  "Henrietta"  as  additional  provision  and  stores 
5° for  the  crew  of  the  "  Henrietta"  ?    A.  Yes,  some  for  the 
crew,  some  for  the  Captain,  bread  and  flour  for  the  In- 
dians. 

S.  Was  there  any  stores  or  supplies  unloaded  from  the 
enrietta,"  after  you  left  Vancouver  Island  in  the  Spring 
up  till  the  time  you  were  seized?  A.  Nothing  unloaded 
from  the  vessel. 

Q.  Was  there  anything  paid  the  Captain  of  the  "  Kate  " 
for  these  supplies?  A.  Not  that  I  know  of. 
f.  Q.  Were  all  of  the  seal  skins  on  board  the  "  Henrietta  " 
at  the  time  she  was  seized,  captured  and  taken  after  you 
left  Tonki  Bay?  A.  Yes;  there  were  no  skins  on  board 
when  we  left  Tonki  Bay. 

Q.  Would  these  stores  or  supplies  on  board  the  "  Henri- 
etta "  at  the  time  you  entered  Tonki  Bay  have  been  suffi- 


w 


812 


4" 


(Exhibit  No.  18  U.  S.) 

cient  for  to  maintain  the  crew  then  on  board  of  her  for 
the  balance  of  her  sealing  voyage? 

Objected  to  by  plaintiff  as  immaterial  and  indefi- 
nite. 
A.  They  would  not  exactly  last  for  three  months,  but 
they  would  last  for  quite  a  while. 

G.  THORESON. 
■o     Subscribed  and  sworn  to  before  me  on  the  day,  and  at 
the  place  and  between  the  hours  aforesaid. 

R.  C.  ROGERS, 

U.  8.  Commissioner. 

And  the  said  W.  Ebheier,  of  lawful  age,  and  sworn  to 
testify  the  whole  truth  deposeth  and  saith: 

y.  State    your   name     and    occupation?     A.  William 
Ebmeier.     Able  seaman. 
Q.  Were  you  employed  on  board  the  schooner  "  Henri- 
2oetta"  in  the  months  of  June  and  July  last? 
Objected  to  as  leading. 
A.   Yes. 

y.  Was  the  vessel  in  any  port  or  harbor  in  the  month 
of  June  \H\m 

Objected  to  as  immaterial  and  incompetent. 
A.  In  Tonki  Bay. 
C^.  When  and  where  did  you  join  the  "'  Henrietta"? 

Same  objection. 
A.  The  l<>th  of  March  in  Uclanet,  Vancouver  Island. 
30     l^.  Were  you  on  board  every  day  from  the  time  the 
"  Henrietta  "  left  Vancouver  Island  until  she  anchored  in 
Tonki  Bay? 

Same  objection. 
A.  Yes,  except  sealing  days. 

(j.  Did  she  to  your  knowfedge,  enter  any  port  or  place 
in  the  District  of  Alaska  before  she  entered  Tonki  Bay? 
Objected  to  as  immaterial. 
A.  I  don't  know  whether  San  Antonia  Bay  on  Prince  of 
Wales'  Island  is  in  the  District  of  Alaska. 
40     {.}.  Is  that  the  only  place  she  entered  after  leaving  Van- 
couver Island  before  entering  Tonki  Bay?    A.  Yes. 

Q.  While  in  Tonki  Bay  did  the  "  Henrietta  "  unlade  any 
cargo? 

Objected  to  as  immaterial  and  incompetent. 
A.  Yes,  sir. 

i).  What?    A.  Sealskins. 
(.).  How  many?    A.  One  hundred  and  eight. 
().  What  was  done  with  them? 
Same  objection. 
50     A.  Transferred  to  the  "Kate." 

»^.  Did  the  '*  Henrietta  "  while  in  Tonki  Bay  receive  any 
cargo  or  stores  on  boards 
Same  objection. 
.\.  Yes,  she  received  stores. 

(^.  What  stores?    A.  Five  sacks  of  coal,  five  sacks  of 
potatoes,  five  boxes  biscuit,  ten  sacks  of  flour  and  canned 
goods. 
Q.   Where  did  she  get  them  from? 
Same  olijection. 
C>o     A.  The  schooner  "Kate." 

Q.  On  the  day  the  "  Henrietta"  entered  Tonki  Bay  did 
.>^lu!  do  so  because  of  any  unavoidable  accident,  necessity 
or  distress  of  weather < 

Same  objection,  and  as  calling  for  the  conclusions 
and  opinion  of  the  witness. 


318 


did 


(:Exhibit  No.  18  U.  8.) 

A.  To  provide  wood  and  water  to  complete  the  voyage. 

Q.  State  what  the  siippW  of  wood  and  water  was  when 
she  entered  the  bay?  A.  The  casks  were  empty,  and  part 
of  one  tank,  how  much  wood  I  do  not  know. 

Q.  About  how  long  would  the  tank  full  and  the  other 
partly  full  of  v/ater  have  lasted? 

Objected  to  as  immaterial  and  assuming  something 
10         not  testified  to  by  the  witness. 

A.  Could  not  say. 
Ckoss-examination: 

Q.  Have  you  ever  been  (tn  a  sealing  voyage  before  this 
year,  in  the  North  Pacific  Ocean?  If  so,  state  in  what 
capacity?    A.  No,  sir. 

Q.  Were  all  the  skins  on  board  the  "  Henrietta''  at  the 
time  of  her  seizure,  taken  before  or  after  she  left  Tonki 
Bay?    A.  Taken  after. 

Q.  For  what  purpose  were  the  supplies  taken  from  the 
20  "  Kate  "  and  put  upon  the  "  Henrietta  "?    A.  As  much  as 
I  know  to  go  out  sealing. 

Q.  Were  these  supplies  and  stores  needed  by  the  crew 
in  the  further  prosecution  of  their  sealing  voyage?  A.  I 
don't  know. 

Q.  Is  there  a  place  on  the  coast  of  Tonki  Bay  for  get- 
ting fresh  water?    A.  Yes:  two  or  three. 

Q.  Did  the  "Henrietta"  take  in  fresh  water  at  this 
place?    A.  Yes. 

Q.  Was  she  placed  on  the  beach  while  thei  e  and  her  bot- 
30  tom  cleaned?    A.  Yes. 

Q.  Are  there  any  inhabitants  along  the  coast  of  Tonki 
A.  Not  as  I  know  of. 
Did  you  see  any  inhabitants  on  Afognak  Island?    A. 


Bay? 

No. 
Q. 


Did  the  ''Henrietta  "  unload  any  stores  or  supplies 
of  any  character  after  she  left  Vancouver  Island  in  the 
spring  up  to  the  time  she  was  seized?  A.  No;  except  the 
discharging  of  the  skins. 

Q.  Do  you  know  what  supplies  and  stores  she  had 
40  aboard    when    she    arrived  in  Sitka?     A.  No;    not  the 
amount. 
Q.  Did  she  have  very  niucb? 

Objected  to  as  immaterial  and  indefinite. 
A.  No,  not  much. 

Q.  Did  she  have  any  more  than  enough  -than  would 
have  been  sufficient  for  her  crew  to  have  completed  their 
voyage  to  Victoria?    A.  Yes. 

Q.  What  would  she  have  left  after  she  arrived  at  Vic- 
toria? A.  I  believe  very  little. 
50  Q.  What  was  done  with  you  and  the  balance  of  the 
crew  of  the  "  Henrietta  ''  after  she  was  seized?  A.  Six  of 
us  were  ordered  on  board  the  "  Yorktovvn."  The  captain 
and  cook  left  aboard;  four  Indians  left  on  board  as  well. 

Q.  At  whose  order?     A.  At  the  order  of    the  officer 
commanding  the  prize  crew. 
Q.  Do  you  know  his  name?    A.  No,  sir. 
Q.  After  you   were  placed  aboard   the    "Yorktown" 
were  you  forbidden  to   have  any  communication  with 
Captain  Piuckney? 

Objected  to  as  immaterial. 
A.  Yes. 

Q.  Were  any  of  the  six  of  your  crew  allowed  to  com- 
municate with  Capt.  Pinckney?    A.  No,  sir. 

Q.  Were  you  allowed  by  the  officer  of  the  "  Yorktown" 
to  get  your  blankets  from  the  "  Henrietta  "? 
Objected  to  by  plaintiff  as  immaterial. 


60 


314 


30 


(Exhibit  No.  18  U.  8.) 
A.  No. 

Q.  Were  you  informed  by  the  officers  of  tlie  ''York- 
town  "  at  the  time  you  were  aboard  of  her  that  you  were 
prisoners  while  there. 

Same  objection  as  before. 
A.  We  were  detained,  but  not  called  prisoners. 
Q.  During  the  time  that  you  were  so    detained    did 
j^Capt.  Evans,  of  the  "  Yorktown,"  ask  of  you  as  well  as 
the  balance  of  your  crew  to  sign  a  statement  or  affidavit 
as  to  your  employment  on  board  the  "  Henrietta?" 

Plaintiff  objects,  for  the  reason  that  the  question  is 
immaterial  and  not  proper  cross-examination. 
A.  Yes. 

Q.  Was  the  affidavit  written  by  some  officer  of  the 
"  Yorktown?    A.  Yes,  I  expect  so. 

Q.  Are  these  the  affidavits  signed  by  the  crew  that  are 
now  before  the  District  Attorney? 
2Q  Same  objection  as  above,  and  as  assuming  a  state 

of  fact  to  exist  not  proven. 
A.  I  don't  know  if  that  is  the  same  affidavt,  is  the  one, 
I  gave  on  the  "  Yorktown." 

Q.  Is  it  not  true  that  you  have  heard  the  other  wit- 
nesses, who  have  testified  in  this  examination,  state  in 
substance  that  the  testimony  so  given  by  them  iu  the  ex- 
amination was  influenced  by  reason  of  their  signing  those 
affidavits? 

Objected  to  by  plaintiff  as  incompetent  and  imma- 
terial and   irrelevant,  and  as  assuming  as  true  that 
which  has  not  l»een  shown  by  the  testimony  of  the 
other  witness. 
A.  No. 

Q.  Is  it  not  true  that  Mr.  George  Moberly,  who  testifled 
yesterday  afternoon,   stated   in  your  presence  and  your 
hearing  that  if  he  had  not  given  the  affidavit  on  board  the 
"  Yorktown"  he  could  have  testified  differently^ 
Same  objection  as  last  above  stated. 
A.  No,  I  don't  remember, 
•o     Q-  Is  it  not  true  that  your  testimony  has  been  guided 
bv  the  fact  that  you  signed  this  affidavit? 

Objected  to  as  immaterial  and  incompetent. 
A.  Not  guided  by  the  fact,  but  to  tell  the  truth. 
Q.  How   long  have  you  been  a  sailor?    A.  Seventeen 
years. 

W.  EBMEIER. 
Sworn  to  and  subscribed  before  me  on  the  day  and  at 
the  place  and  between  the  hours  aforesaid. 

R.  C.  ROGERS, 
50  U.  S.  Commissioner. 

Court  adjourned  until  1.3o  p.  m.  September  27,  1H92. 

Examination  resumed  at  l.;?0  p,  m. 

And  the  said  J.  C.  West,  of  lawful  age,  and  sworn  to 
testify  the  whole  truth,  deposeth  and  saith: 

Q.  State  your  name  and  occupation.  A.  J.  C.  West. 
Hunter. 

Q.  Where   were  you  employed  during  the  months  of 
June  and  July,  18l>2?    A.  On  the  "  Henrietta." 
60     Q.  Was  the  "  Henrietta"  at  anchor  in  any  harbor  dur- 
ing the  month  of  June? 

Objected  to  as  immaterial. 

A.  In  Tonki  Harbor. 

S.  While  in  Tonki  Harbor  was  there  unladen  from  the 
enrietta  "  any.  cargo;  if  so,  state  what? 
Objected  to  as  leading  and  incompetent. 


H15 


lO 


Heniietta  "  while 


20 


(Exhibit  No.  18  U.  S.) 
A.  Her  sealslcinB. 
Q.  How  many; 

Same  objection  as  last  above.  ) 

A.  I  think  over  a  hundred. 

Q.  State  if  you  know  what  was  done  v.ith  the  aealHlcins 
HO  unladen. 

Same  objection. 
A.  I  could  not  say. 
Q,  Was  there  received  on  board  the 
in  Tonki  Bay  any  merchandised 

Same  objection  as  last  above. 
A.  Yes,  sir. 
Q.  State  what  merchandise. 

Same  objection. 
A.  I  saw  some  coal  and  some  canned  stuff,  fruits,  meats, 
and  lime  juice 

Q.  Where  were  these  articles  obtained?    A.  From  the 
"  Kate." 
Cross-examination: 

Q.  Were  these  articles  or  merchandise  a  portion  of  the 
Stores  of  the  "Kate"?  A.  I  could  not  say  sir,  I  know 
nothing  about  it. 

Q.  After  they  were  taken  on  board  the  "Henrietta," 
were  they  used  for  the  benefit  of  the  crew^il    A.  Yes,  sir. 
Q.  Is  it  not  true  that  these  provisions  and  stores  were 
needed  by  the  "  Henrietta"  in  order  to  complete  her  seal- 
ing voyage?    A.  I  suppose  they  were;  I  could   not  say 
30  certain. 

(^.  Did  the  "  Henrietta  "  unlade  any  cargo  of  any  de- 
scription after  she  left  Tonki  Bay  about  July  Ist,  lHi>2^ 
A.  No,  sir. 

Q.  Were  the  sealskins  on  board  the  "  Henrietta,"  at  the 
time  of  her  seizure,  taken  before  or  after  she  left  Tonki 
Bay?    A.  After  she  left  Tonki  Bay. 

Q.  Do  you  know  anything  about  the  fresh-water  supply 
of  the  "  Henrietta"  at  the  time  she  put  into  Tonki   Buy! 
A.  She  had  some,  but  I  don't  know  how  much. 
40     Q.  Did   vou  understand  thai  her  supply  was  getting 
low? 

Objected  to  by  plaintiff  as  calling  for  the  under- 
standing of  the  witness. 
A.  Yes,  sir. 

Q.  Is  it  not  true  that  the  crew  of  the  "  Henrietta  "  are 
being  paid  regular  witness  fees  per  diem  from  the  time  of 
the  filing  of  the  hbel  in  this  action? 

Objected  to  by  plaintiff  as  immaterial  and   not  tiie 
best  evidence. 
50     A.  I  suppose  they  know  it.     I  know  it.     I  know   tlioy 
are  being  so  paid. 

Q.  And  is  it  not  true  that  the  officials  or  marshal  lias 
promised  to  continue  to  pay  this  amount  to  the  witnesses 
who  have  testified  until  the  return  day  of  the   monition? 
A.  I  don't  know  anything  about  that. 
Redirect- EX  AMiNATiON : 

Q.  Is  your  testimony  given  today  influenced  by  the 
fact  that  you  are  being  paid  witness  fees?    A.  No,  sir. 

J.  C.  WEST. 
^     Sworn  to  and  subscribed  before  me  on  the  day  and  at 
the  place  and  between  the  hours  aforesaid. 

R.  C.  ROGERS, 

U.  S.  Commissioner. 
Adjourned  at  the  request  of  the  respective  counsels  until 
10  A.  M.  Wed.,  September  28,  1892. 


81  «l 


iiil' 


(Exhibit  No.  18  U.  8.) 

Exaininatioii  resumed  at    lo  a.  m.  September  'AH,  lHt<2. 
Both  couusela  present. 

And  the  said  E.  T.  Hatch,  of  lawful  age,  and  sworn  to 
testify  the  whole  truth,  deposes  and  saith: 

Q.  State  your  name  and  official  position?    A.  £.  T. 
Hatch,  Sitka,  Alaska,  Collector  of  Customs  for  the  District 
of  Alaska, 
lo     Q.  As  such  collector  did  you   receive  into  your  custody 
the  schooner  "  Henrietta"* 

Objected  to  as  immaterial   and  not  the  best  evi- 
dence. 
A.  I  did  on  the  21st  day  of  September,  18H2. 
Q.  From  whom? 

Same  objection. 
A.  Captain   C.    L.    Hooper,    L'nited    States    Revenue 
Marine. 
(^.  Do  you  know  where  Toiiki  Bay  is? 
20  Objected  to  as  not  the  best  evidence. 

A.  Yes. 

Q.  Where  is  the  nearest  office  and  officer  of  the  Customs 
in  the  District  of  Alaska  to  Tonki  Bay? 

Same  objection  as  to  lust  above  and  as  immaterial. 
A.  The  port  of  Kodiak  on  Kodiak  Island. 
Q.  What  officer  of  the  Customs  was  stationed  there  in 
June  and  July  last? 
Same  objection. 
A.  A  deputy  collector  was  stationed  there  during  the 
30  months  named. 

Q,  Are  all  deputy  collectors  for  the  District  of  Alaska, 
required  to,  and  do  they  report  to  you  the  entrance  and 
clearance  of  all  vessels  at  their  respective  ports,  and  also 
all  special  permits  or  privileges  granted  to  vessels  by 
them? 

Same  objection,  and  as  leading. 
A.  Yes,  they  are  so  required,  and  do  so  report, 
y.  Have  you   received    reports    from    all  such  depu- 
ties for  the  months  of  June  and  July,  1892? 
40  Same  objection. 

A .  I  have. 

y.  Do  such  reports  or  the  records  of  your  own  office 
show  that  the  British  Schooner  "  Henrietta  "  entered  and 
cleared  from  any  port  in  the  District  of  Alaska  or  received 
special  permission  to  unladen  or  take  in  cargo  during  the 
month  of  June  or  July  last? 

Objected  to  as  immaterial,  ip.c>mpetent,  calling  for 
secondary  evidence,  and  the  wjfnos;  not  having  shown 
hiniself  qualified  to  testify. 
50     A.  No,  they  do  not. 

(^.  From  the  same  source  of  iiitur.^iation  did  the  British 
schooner  "  Kate"  enter  and  clear  or  receive  such  special 
permit  during  said  months? 

Same  fibjection  as  last  above. 
A.  No. 
Choss-examination: 

y.  Is  the  property  claimed  in  the  libel  and  seized  by  the 
"  C'orwin  "  now  in  your  possession? 

Objected  to  for  the  reason  the  records  now  on  file 
"°         on  this  case  are  the  best  evidence. 
A.  Yes,  it  is. 

(^    Has  it  been  thei-e  at  all  times  since  it  was  turned 
over  to  you  by  the  captain  of  the  "'  Corwin  "? 
Same  objection. 


»n 


(Exhibit  No.  I«  U.  H.i 
A.  Yes,  it  has. 

S.  Have  you  examined  and  inspected  tlie  cargo  of  tlie 
eniietta"?    A.  I  have  made  a  casual  examination. 
Q.  Will  you  jdease  state  of  what  it  conHJsts;    A.  Four 
hundred  and  twenty  seal  skins. 

Q.  Then  is  it  not  true  that  she  had  no  dutiable  cargo  at 
the  time  she  was  turned  over  to  youif    A.  This  cargo  was 
10  not  dutiable  goods. 

Q.  Is  it  not  true  that  your  deputies  in  timen  past  liave 
not  reported  every  special  permit  given  by  them  to  vessels 
cruising  in  the  North  Pacific  Ocean;  A.  I  know  of  no 
instaui  >  where  they  have  failed  to  report  tlie  entrance  or 
clearance,  or  the  granting  of  any  special  permits  to  vessels 
in  the  District 

REDIRECT-EXAMIN  ATION : 

Q.  Was  there  on  board  the  "Henrietta'"  when  turned 
over  to  you  any  merchandise,  stores  or  other  articles  than 
20  the  seal  skins  referred  to;    A.  There  were. 

Q.  State  what,  as  nearly  as  you  can  remember?  A. 
There  were  some  guns,  ammunition,  and  a  few  provis- 
ions. 

Q.  Were  any  of  the.se  articles  subject  todutv  if  brought 
from  a  foreign  pott? 

Objected  to  as  calling  for  the  legal  conclusion  of  the 
witness. 
A.  They  were. 

Q.  You  state  in  yourexamination  that  the  "Henrietta  " 
30  is  in  your  possession.     State  if  you  know  whether  the 
United  States  Marshal  has  attached  the  vessel  by  process 
issued  out  of  the  United  States  District  Court  for  tne  Dis- 
trict of  Alaska? 

Objected   to  as  immaterial  and    not  the  best  evi- 
dence. 
A.  Yes,  I  know  that  he  has. 

EDWIN  T.  HATCH, 

Collector  of  Customs. 
Sworn  to  and  subscribed  before  me,  on  the  day,  and  at 
40  the  place,  and  between  the  hours  aforesaid. 

K.  C.  ROGERS, 

U.  S.  Commissioner. 

I,  R.  C.  RoGEKS,  the  hereinbefore  named  commissioner 
by  virtue  of  said  order  as  herein  stated  and  hereto  an- 
nexed do  hereby  certify  that  I  was  attended  at  said  U.  S. 
District  Court  Room  by  C.  S.  Johnson.  Estj.,  United  States 
Attorney,  appearing  for  the  plaintiff,  and  by  H.  H.  A. 
Hastings  and  Willoughby  Clark,  Esq.,  Pioctors  in  Ad- 
50  miralty,  appearing  for  said  defendant,  her  tackle,  cargo, 
etc.,  and  the  said  witnesses,  to  wit: 

C.  L.  Hooper,  T.  J.  Hampton,  C.  Doring,  H.  Jackson, 
G.  Mobeily,  J.  Thoreson,  W.  Ebmeier,  J.  C.  West,  and 
E.  T.  Hatch,  who  were  of  sound  mind  and  lawful  age  and 
by  me  duly  sworn,  and  their  examination  reduced  to  writ- 
ing, and  that  to  each  and  all  of  said  witnesses  their  re- 
spective depositions  were  read  on  the  conclusion  of  each 
of  the  same,  for  such  corrections  and  amendments  as  eacli 
of  said  witnesses  desired  to  make,  and  that  said  deposi- 
6otions  were  subscribed  by  them  in  my  presence  on  the  day, 
or  days,  and  between  the  hours,  and  at  the  place  in  that 
behalf  aforesaid. 

I  do  further  ceitify,  that  I  am  not  a  counsel  or  attorney 
for  either  of  the  parties  to  the  suit  in  continersy,  or  in 
any  way  interested  in  the  event  of  said  issue. 


]i'\ 


li  '-l 


m 


lO 


818 

(Exhibit  No.  IH  U.  8.) 

In  testimony  whereof  I  have  hereunto  set  mv  hand  and 
official  seal  this  -IHh  day  of  Sept.,  1892. 

R.  C.  ROGERS, 

U.  S.  Commissioner. 

(Endorsed) -No.  85H.— In  the  U.  S.  Dist.  Court.  Dist.  of 
Alaska.— United  States  »«.  Schooner  "Henrietta" 
et  «/.— Testimony.— Filed  October  12,  1SS)2.— N.  R. 
Peckinpaugh,  Clerk. 

In  the  District  Court  of  the  United  States  for  the  District 
of  Alaska.     In  Admiralty. 
United  States  ] 

r.s.  I  No.  .'Wa. 

The  Schooner   "Henrietta,''  her  boats,  (Stipulation, 
tackle,  apparel,  furniture  and  cargo,     j 

Whereas,  upon  the  trial  of  this  cause,  the  testimony  of 

^°  several  witnesses  and  certain  documentary  evidence  and 
papers  pertaining  to  the  above  named  schooner  "Henri- 
etta," and  to  her  cargo  or  portion  thereof,  are  or  may  be 
material  to  the  issues  in  this  cause. 

Whereas,  the  said  several  witnesses  and  the  said  docu- 
mentary evidence  are  all  within  the  Province  of  British 
Columbia,  Dominion  of  Canada,  and  outside  the  juris- 
diction of  this  Couit,  and  beyond  the  reach  of  its  process, 
and  whereas,  the  bringing  of  said  witnesses  to  the  place 
of  the  trial  of  this  cause  at  Sitka,  Alaska,  would  involve 

3° great  and  unnecessary  expense  and  hardship: 

Now,  therefore,  it  is  hereby  stipulated  and  agreed  by 
and  between  the  parties  hereto  that  the  Hon.  Levi  W. 
Myers,  American  Consul  for  the  Port  of  Victoria,  British 
Columbia,  Dominion  of  Canada,  be  and  he  is  hereby  des- 
ignated and  appointed  as  a  commissioner,  with  full  powei- 
and  authority  to  take  or  cause  to  be  taken  and  reduced  to 
writing,  in  the  form  of  depositions,  the  testimony  of  any 
person  or  persons  who  may  be  i)roduced  before  said  Com- 
missioner upon  their  .several  oaths  or  affirmations,  at  the 

**°City  of  Victoria,  in  the  Province  of  British  Columbia,  Do- 
minion of  Canada,  and  to  review  and  identify  and  return 
all  such  depositions,  all  such  documentary  evidence  or 
papers  as  may  be  produced  and  offered  by  either  party 
hereto  at  the  time  of  taking  such  testimony.  That  the 
said  testimony  may  be  taken  by  said  Commissioner 
at  such  time  and  place  in  said  City  of  Vic- 
toria as  may  be  designated  by  him  after  giving 
reasonable  notice  by  mail  to  the  resuective  parties  hereto, 
and  allowing  sufficient  time  for  tliem  to  be  present  at 

5^  such  hearing,  or  at  such  time  at  the  office  of  said  Commis- 
sioner in  said  City  of  Victoria  as  may  be  fixed  by  the 
parties  hereto. 

That  the  said  Commissioner  shall  reduce  all  the  interro- 
gations propounded  to  the  several  witnesses,  and  all  objec- 
tions thereto,  and  all  the  answers  of  thv  everal  witnesses 
to  such  interrogations  to  writing,  or  cause  the  same  to  be 
taken  down  in  short  hand  by  a  clerk  or  stenographer  and 
transcribed  and  reduced  to  writing  in  Englisli,  and  there- 

,  upon  cause  the  deposition  of  each  witness  to  be  read  over 
^°to  suih  witness  and  signed  by  him  in  the  presence  of  said 
Commissioner,  and  shall  cause  all  offers  of  any  document- 
ary eviden<;e,  and  all  objections  thereto  to  be  reduced  to 
writing,  and  such  documentary  testimony  to  be  identified 
and  shall  upon  the  conclusion  of  the  taking  of  said  testi- 


819 


"wippi'i 


(Exhibit  No.  is  U.  S.) 

mony  cause  said  depusitious  and  exhibits  to  be  authenti- 
cate!) by  him  over  his  signature  and  seal,  and  to  be  duly 
transmitted  in  sealed  envelopes  addressed  to  tlie  Clerk  of 
the  District  Court  of  the  Territory  of  Alaska,  at  Sitka. 
Alaska. 

The  respective  parties  heieto  shall  be  entitled  to  be  pres- 
ent by  their  respective  proctors  or  counsel,  and  propound 
lo  interrogations  to  the  several  witnesses  or  propose  objec- 
tions thereto,  and  to  produce  and  offer  any  documentary 
proofs  or  ])apers  or  propose  objections  thereto.  All  objec- 
tions to  the  manner  of  the  taking  and  return  of  said 
testimony  are  hereby  waived,  but  it  is  not  intended  hereby 
to  waive  any  objections  to  the  comi)etency  or  materiality 
of  any  of  the  testimony  or docuiucntaiy  proofs  which  may 
be  returned  by  said  Commissioner. 

This  stipulation  shall  be  sufficient  evidence  of  authority 
in  said  Conunissioner  to  take  said  testimony,  or  cause  the 
20 same  to  be  taken  before  him  in  a  manner  herein  provided, 
and  this  stipulation  accompanied  by  any  commission 
which  may  be  issued  by  said  Court  to  said  Commissioner 
shall  be  full  warrant  and  autliority  for  so  taking  said  testi- 
mony. 

C.  8.  JOHNSON, 

U.  S.  Dist.  Attv. 
HUGHES,  HASTINGS  &  STEDMAN, 
Proctors  for  Claim'ts. 
Dated  at  Sitka,  Alaska,  this -.'Kth  day  of  Sept.,  1802. 
30     It  is  further  stipulated  and  agreed  by  and  between  the 
parties  hereto   that  the  taking  of  said  testimony  shall  be 
begun  on  the  doth  day  of  November,  1S'J2.  or  as  soon  there 
afte''  as  the  mail  steamer  from  Alaska  shall  arrive  in  the 
latter  part  of  the  month  of  November,  1802,  and  shall  be 
continued  from  day  to  day  until  the  same  shall  have  been 
completed. 

Dated  Sei)t.  2'.t,  ls!t2. 

C.  S.  JOHNSON, 

U.  S.  Atfy.  for  Pltf. 
40  HUGHES,  HASTINGS  &■  STEDMAN, 

Pro(  tors  for  Claimants. 
I   hereby  approve  the  foregoing  stipulation.     Done  at 
Sitka,  Alaska,  October  ;5,  1802. 

WARREN  TRUITT, 

r.  S.  District  Judge. 

In  the  United  States  Dis  .lot  Couri  for  the  District  of 
Alaska.   -In  Adnii/alty. 

The  United  States  "     ) 

50  vs.  !  V  ^    ,..., 

The   schooner   "' Honrieita,  '   her   boats,  |  " 

tackle,  appare.,  furniture  and  cargo,      i 

The  President  of  the  United  States  of  America  to  the 
Honorable  Levi  W.  Myers,  American  Consul,  duly  com- 
missioned, and  residing  at  the  Port  of  Victoria,  in  the 
'^  i     ince  of  British  Columbia  and  Dominion  of  Canada. 

v^rreeting:  Know  ye  that  we,  in  confidence  of  your  pru- 
dence and  fidelity, "have  appointed  you  a  Conunissionei , 
and  by  these  presents  do  give  you  full  power  and  authority 
^to  diligently  examine,  or  cause  to  be  exa'uined,  before 
you,  upon  their  several  corporal  oaths  or  aHHimations,  be- 
fore you  to  be  taken,  and  ui)on  such  interrogatories  and 
cross-interrogatories  as  may  be  propounded  by  the  proc- 
tors or  counsel  of  the  respective  parties  herein  at  sucn  ex- 
amination and   lioaring  l)efore  you,  such  witness  or  wit- 


It  !' 


*i. 


■»3 '  c 


!| 


320 


(Exhibit  No.  l»  U.  S.) 

nesses  as  may  be  produced  by  either  party  before  you,  at 
said  hearing,  in  a  certain  cause,  now  pending  and  unde- 
termined, in  the  District  Court  of  the  United  States  in  and 
for  the  District  of  Alaeka,  wherein  the  United  States  is 
libelant,  and  the  schooner  "  Henrietta,"  her  boats,  tackle, 
apparel,  furniture  and  cargo,  is  respondent,  Chas.  Spring, 
in  the  Province  of  British  Columbia,  and  Dominion  of 
•o  Canada,  are  respectively,  interveuors; 

And  we  do  hereby  require  you.  the  said  Levi  W.  Myers, 
to  reduce  or  cause  said  testimony  to  be  reduced  to  writing 
and  to  leceive  and  cause  to  be  properly  identified,  and  at- 
tached to  said  testimony,  such  documentary  evidence  as 
may  be  offered  at  said  hearing,  in  accordance  with  the 
stipulation  hereunto  attached,  and  made  a  part  of  this 
commission,  and,  upon  the  conclusion  of  the  taking  of 
said  testimony,  to  close  the  same  up  under  your  hand  and 
seal,  directed  to  N.  R.  Peckinpaugh,  Clerk  of  the  United 
2°  States  District  Court  in  and  for  the  District  of  Alaska  at 
Sitka,  in  the  Territory  of  Alaska,  as  soon  as  may  be  con- 
venient after  the  execution  of  this  commission;  and  that 
you  return  the  same,  when  executed,  as  above  directed, 
with  the  title  of  said  cause  endorsed  on  the  envelope. 

Witness,  the  Hon.  Warren  Tiuitt,  Judge  of  the  United 

States  District  Court  for  the   District  of    Alaska,    this 

day  of  Septembei',  in  the  year  of  our  Lord, 

one  thousand  eight  hundred  and  ninety-two,  and  of  our 

Independence  the  one  hundred  and  seventeenth. 

30  N.  R.  PECKINPAUGH, 

|L.  s.]  Clerk. 

(Endorsed)— No.  aoa.— In  the  United  States  District 
Court,  District  of  Alaska. — United  States,  Plaintiff, 
vs.  Schooner  "Henrietta,"  Defendant.— Stipulation 
and  Commission.— Hughes,  Hastings  &  Stedman, 
Attorneys  for  Claimants. 


iiii 


In  Admiralty, 
No 


In  the  District  Court  of  the  United  States  for  the  Dis- 
^o  '  trict  of  Alaska. 

The  United  States, 

Libelant, 
vs. 
The  Schooner  "  Henrietta", 
her  boats,  tackle,  apparel, 
furniture  and  cargo. 

Respondent 

On  this  27th  day  of  October,  ls!»2,  ))ursuant  to  tiie  stip- 
ulation and  commission  returned  herewith,  addressed  to 
50  me,  Levi  W.  Myers,  American  Consul  at  the  Port  of  Vic- 
t(»ria,  the  witnesses  hereinafter  named  appeared  and  gave 
their  depositions  which  are  returned  herewith,  and  at  said 
time  and  place.  F.  P.  Dewces,  Ksq.,  appeared  foi'  the 
United  States  and  E.  C.  Hughes,  Esq.,  appeared  for  the 
respondents,  and  it  was  thereupon  agreed  by  the  said 
parties  hereto  and  their  I'espective  coun.Bel  to  proceed  with 
the  taking  of  the  testimony  and  of  said  witnesse.  forth- 
with, and  to  waive  the  i)rovisions  of  the  stipulation  above 
referred  to  in  respect  to  the  jHistponment  of  the  taking  of 
•^^f'tiiis  testimony  until  the'J.'">th  day  of  Novemlier. 

Thereupon  Captain  M.  P(Nc;knkv,  a  witness  produced  on 
hehalf  of  the  respondent  being  duly  sworn  to  tell  the  truth, 
the  whole  truth  and  nothing  but  the  truth,  testified  f 
follows: 


.321 


•^fr^ 


(Exhibit  No.  18  U.  S.) 
Hughes.)   Give    your  full  name?      A.  M. 

A.  Well,  I  am  liv- 


A.  Yes,  sir. 
A.  32  years. 


g.  (Bj    Mr 
Pinckney. 

Q.  Where  do  you  reside,  Captain? 
ing  in  Victoria,  at  present. 

Q.  You  are  a  master  mariner,  are  you( 

Qj.  How  long  have  you  been  a  master? 

Q.  On  what  vessel,  if  any,  did  you  sail  as  master  during 
10  the  winter  and  spring  and  summer  of   1892^    A.  The 
"Henrietta." 

Q.  Is  the  "  Henrietta  "  a  British  vessel?  A.  Yes,  sir, 
she  has  a  British  register. 

Q.  Registered  at  the  Port  of  Victoria?    A.  Yes.  sir. 

Q.  Owned  by  whom?  A.  Well,  Mr.  Spring,  I  believe, 
owns  her. 

Q.  Charles  Spring?  A.  I  think  his  name  is  on  the 
register. 

Q.  He  is  the  owner?    A.  Well,  he  owns  a  half  of  her. 
20     Q.  Did  the  boat  clear  from  Victoria!!     A.  Yes,  sir.. 

Q.  When<     A.  About  the  11th,  I  think,  of  March. 

Q.  Where  were  you  bound  for?  what  kind  of  a  voyage? 
A.  Well,  we  were  bound  coastways,  up  the  coast,  and 
finally  on  a  sealing  voyage  in  the  North  Pacific. 

Q.  Did  you  clear  for  a  sealing  voyage  to  the  North  Pa- 
cific i    A.   Yes,  sir. 

Q.   Did  you  have  any  cargo  or  supplies  on  board  except 
your  ordinary  necessary  ship's  supplies  and  sealing  and 
hunting  outfit?    A.  No,  sir,  only  a  few  packages. 
30     Q.   What  else  were  you  going  to  say?     A.  I^ayvvehad 
a  few  packages  of  goods  for  the  store  up  at  Coyuga. 

g.  On  Vancouver  Islands     A.  Yes,  sir. 

Q.  Those  you  left  thereon  your  way  up?  A.  Yes  sir,  at 
the  store. 

Q.  Aftei'  you  left.  Coyuga  on  Vancouver  Island  did  you 
have  anything  for  any  other  place  ?  A.  No,  sii,  only  our 
stores. 

Q.  Only  your  ship's  stores  and  sealing  outfits     A.  That 
is  all. 
40     Q.  Were  you  bound  for   Alaska  or  for  any  place  in 
Alaska?    A.  No,  sir:  no  place  in  particular. 

0  Yoa  were  engaged  in  seal  hunting,  were  you?  A. 
Yes,  sir. 

Q.  B;"k  and  forth  along  the  coast  of  Alaska?  A.  Yes, 
sir. 

;^).  '^");  i  you  go  into  Tonki  Bav  at  that  time?  A.  Yes, 
sir;  J  was  a\  there. 

Q.     Vh"'.  'lid  you  go  in  there?     A.  Well,  I  think  it  was 
about  nif  lS»th  of  June— not  the  I'.Hb;  the  :,'ttth. 
50     Q.  Did  you  find  any  other  vessel  in  there?    A.  I  think 
there  was  one  or  two  theie:  yes,  sir. 

Q.  What  other  vessel  do  yon  remember;  A.  Well, 
there  was  the  "Kate,"  and  the  "Catherine,"  I  think,  they 
called  her. 

Q,  Who   was    the    owner 
Spring. 

C^,  The  same    owner  that 
-ne  von  were  master  of?    A. 


f  the    "  Kate"?     A.    Mr. 
Henrietta,"  the 


owns   the 
Yes,  sir. 

O.'  Now  you  may  tell  just  what  you  did  in  Tonki  Bay? 
.'.  Well,  1  got  wood  ami  water  there,  and  as  the  "Kate" 
\<-  .IS  going  borne  disabled.  I  put  iboard  lOS  skins. 

Q.  Those  were  all  the  skins  f  aat  you  bad  taken  up  to 
that  time,  were  they?    A.  No,  sir;  I  had  taken  some  be- 
fore on  the  coast,  but  I  had  left  them  at  Coyuga. 
Q.  But  those  were  all  that  you  had  taken  atTer  you  had 


:.;  i\ 


f-' 


wr 


ilii 


822 

(Exhibit  No.  18  U.  S.) 

left  Coyuga  on  Vancouver  Island  during  your  sealing 
hunt  in  the  North  Pacific?    A.  Yes,  sir. 

Q.  You  put  them  on  board  the  "  Kate "  because  she 
was  going  to  return  to  Victoria,  you  say?    A.  Yes,  sir. 

Q,  Did  you  receive  anything  from  the  **  Kate  "  ?  If  so, 
what  and  for  what  reason?  A.  Yes  sir,  I  received  a  few 
packages  of  provisions  as  I  thought  she  would  not  require 
lothem  as  she  was  going  home.  She  had  beeu  fitted  out  for 
the  whole  season,  and  for  fear  we  might  be  a  little  short 
of  some  things  we  got  a  few  extra  things. 

Q.  From  her?    A.  Yes  sir. 

Q.  Such  as  her  master  thought  she  would  not  need? 
A.  Well,  I  thought  probably  we  might  need  them  and  to 
make  sure  of  it  got  them  from  her. 

Q.  They  were  things  that  the  "Kate"  did  not  need! 
A.  No,  she  was  going  home. 

Q.  Now  you  put  those  skins  on  board  the  "Kate"  and 
20  received  those  supplies  at  what  place?    A.  At  Tonki  Bay, 
I  think  that  t>  ^    ailed  it. 

Q.  It  was  w  ;  ^  ^'  n  were  anchored?  A.  Yes  sir.  Is 
■what  they  callec  1   my  chart — it  had   another  name 

to  it. 

Q.  But  it  was  thb  bay  called  Tonki  on  Tonki  Island? 
A.  Yes,  sir. 

Q.  This  occurred  in  the  bay,  did  it?    A.  Well  as  it  was 
an  uninhabited  Island  I  did  not  know  anything  to  the  con- 
trary to  prevent  it— no  inhabitants  there.     I  did  not  know 
30  that  there  was  any  harm  to  do  it. 

Q.  Did  you  know  that  it  would  be  in  violation  of  any 
law?    A.  No  sir,  I  did  not. 

(^.  Was  there  any  intention  on  your  part  to  have  any- 
thing taken  into  t\w  United  States?  A.  No  sir,  not  the 
least,  we  had  nothing— all  we  had  we  wanted  ourselves. 

Q.  Was  there  anything  that  you  leceived  taken  into 
the  United  States,  or  was  it  kept  and  used  by  you?  A. 
No  sii'  it  was  kept  on  board  the  ship. 

Q.  You  put  nothing  on  board  the  "  Kate  "  except  those 

40  skins  which  were  bronght  to  Victoria?    A.  That  is  all  sir, 

— well,  some  of  my  crew  went  down  in  her,  some  Indians. 

Q.  You  were  afterwards  seized,  were  you?    A   Yes,  sir. 

(^  And  all  your  ship's  papers  were  taken,  were  they? 
A.   Yes,  sir,  and  guns. 

Q.  Taken  by  the  Government  officers?  A.  Yes,  sir; 
United  States  cutter— cruiser  "  Yorktown." 

Q.  The  supplies  you  had  on  board  were  what  you  had 
left  from  the  time  of  receiving  the  additional  supplies  at 
Tonki  Bay?    A.  I  beg  your  pardon? 
50     Q.  I  ask  you  whether  or  not  you  had  any  other  sup- 

{)lies  on  board  except  what  remained  of  those   you  had 
eft  from  your   outfit  and   from    what   you  received  at 
Tonki  Bay?    A.  No.  sir;  I  had  no  other  supplies. 

Q.  How  many  skins  did  you  have  on  board  at  the  time 
your  vessel  was  taken?    A.  420,  sir. 

Q.  W^ere  they  taken  after  the  transfer  in  Tonki  Bay  on 
the  2!»th  of  June?    A.  Yes,  sir. 
Cross-examination  by  Judge  Dewees: 

Q.  Were  you  not  instructed  not  to  make  any  transfers 
^inside  of  Alaskan  waters?    A.  No,  sir. 

Q.  How  long  had  you  been  sealing  prior  to  that  time 
on  that  voyage?  A.  Well,  we  left  on  about  the  11th  or 
12th  of  March  from  Victoria,  and  from  Coyuga  I  think 
we  left  about  the  <>th  of  May  to  go  north. 

Q.  What  course  did  you  take  then?    A.  Oh,  well,  we 


H2;! 


'W|fHoi»"' 


(Exhibit  No.  18  U.  S.) 

worked  along  the  coast,  all  along  the  coast  about  HO  to 
76  miles  a  day. 

Q.  Did  you  make  any  other  entries  into  the  inland?    A. 
We  called  at  Baker  Island  to  get  water  there. 
Any  other?    A.  No,  sir. 

Were  there  any  other  ships  inside  of  Tonki  Bay?    A, 
Yes,  sir;  there  was  one  or  two  thei-e. 
lo     Q.  What  wer     they  besides  the    "Kate"?    A.  Well, 
there  was  the  "'  Catharine." 

Q.  What  else?  A.  I  don't  know — there  might  have 
been  another  vessel  there,  but  I  don't  know  their  names. 

Q.  Was  Tonki  Bay  a  lesort,  for  sealers^  A.  Not  that  I 
am  aware  of.  I  don't  know.  I  heard  it  was  a  good  place 
in  case  you  wanted  water  or  anything  like  that.  It  was 
handy.  I  did  not  know  much  about  the  coast.  I  never 
have  been  up  there  much  as  master  in  the  sealing  trade. 

Q.  What  pay,  if  any,  did  you  get  for  the  provisions  that 

20  you  put  aboard,  that  you  got  from  the  "  Kate  "?    A.  I  did 

not  pay  anything. 

Q.  Did  you  agree  to  pay  anything^ 

Q.  Were  they  a  present  to  you? 
know,    The'    i/tlonged  to  the  same 


A.  No,  sir. 
A.  Well,  I  do  not 
owners  and  I  took 


them.  W^  did  not  make  any  agreement  at  all.  Some- 
thing he  *id  not  want,  and  I  thought  I  would  require.  I 
did  not  really  need  the  provisions  but  to  make  sure  of 
them 

Mr.  iliighes  (interrupting):  Why  did  you  take  the  pro- 
30  visions?  A.  Merely  to  make  sure  and  have  enough.  I 
did  not  know  what  might  happen. 

Q.  You  expected  to  continue  sealing  all  the  rest  of  the 
summer  and  fall,  didn't  you?    A.  Yes,  sir. 

Q.  And  took  the  provisions  as  a  precaution  merely,  least 
you  might  run  out?    A.  That  is  all,  sir. 

Q.  Now,  did  you,  when  you  went  in  there,  go  in  for  the 

Surpose  of  transferring  these  skins  to  the  "Kate"?    A. 
10,  sir. 

Q.  Did  you  know  that  the  "  Kate  "  was  there  at  the 
40  time?    A.  No,  sir. 

Q.  For  what  purpose  did  you  go  in?  How  did  you  come 
to  go  in?  1...  I  went  in  there  for  water  and  to  repair  my 
sails. 

Testimony  of  witness  closed. 

M.  PINCKNEY, 

Master. 
Signed  before  me  this  nth  day  of  November,  1802.    Wit- 
ness my  hand  and  the  seal  of  the  consulate,  at  Victoria, 
B   C 
50    ■     "  LEVI  W.  MYERS, 

[l.  s.]  U.  S.  Consul  and  Commissioner. 

Charles    Spring,    a    witness   called    on     l)ehalf    of 
the  respondents,  being  first  duly  sworn,  testifies  as  fol- 
lows: 
By  Mr.  Hughes: 

Q.  Where  do  you  live?    A.  Victoria,  British  Columbia. 

Q.  How  long  have  you  lived  here?    A.  All  my  life. 

Q.  Are  you  the  owner  of  the  scliooner  "Henrietta"?  A. 
60  Yes,  sir. 

Q.  What  kind  of  a  schooner  is  she?  A.  A  vessel  of 
about  31  tons. 

Q.  She  registered  at  the  port  of  Victoria?    A.  Yes,  sir. 

^.  She  is  a  British  vessel?  A.  Yes,  sir;  she  left  Vic- 
toria on  a  sealing,  hunting  and  fishing  voyage. 


!  ;.:• 


324 


l^- 


if:' 


(Exhibit  No.  1k  U.  S.) 

Q.  Who  was  her  captain?    A.  Capt.  Pinckney. 

Q.  Are  you  also  owner  of  the  "Kate  "  i    A.  Yes,  sir. 

Q.  Did  the  "Kate  "leave  Victoria  on  the  same  kind  of 
a  voyage  last  spring?    A.  Yes,  sir. 

Q.  She  is  registered  at  Victoria,  and  is  a  British  vessel? 
A.  A  Biitish  vessel. 

Q.  And  cleared  from  the  same  port  of  Victoria  on  the 
10  same  kind  of  a  voyage  to  the  North  Pacific?  A.  Yes,  sir. 

Q.  "Whattimowd  she  return?  A.  Some  time  during 
the  latter  pavt  of  July. 

Q.  Do  you  know  why  she  returned;'  A.  On  account  of 
the  timidity  of  the  crew  that  happened  to  be  on  her  at  the 
time,  thinking  that  she  was  not  able  logo  on  the  voyage, 
although  the  Captain  was  willing  to  go  on,  but  they  con- 
sidered she  was  not  quite  able;  and  the  ciew  made  the 
objection  on  account  of  the  forehead  mast  being  carried 
awa3'.  But  the  Captain  thought  she  would  be  all  right, 
20  but  under  those  cinumstancfs  he  came  home. 

Q.  Did  she  bring  back  any  skins  from  the  "  Henrietta"? 
A.  Yes,  sir. 

Q.  How  many?    A.  lOM;  I  believe  that  is  the  number. 

y.  Do  you  know  as  to  whethei'  any  of  her  supplies 
were  left  on  the  "  Henrietta  "  when  the  "  Kate  "  came 
back?    A.  I  believe  so. 

Q.  They  were  owned  by  you  also?    A.  Yes,  sir. 

Q.  Did  you  ever  direct  any  of  youi'   masters,  either  of 
the  "  Henrietta"  or  the  "  Kate."  to  enter  in  any  bay  or 
30 harbor  on  the  coast  of  Alaska,  and  transfer  or  load  or  un- 
load anything  into  the  United  States?    A.  No.  sir. 
(Testiuionv  of  witness  closed. ) 

C.  SPRING. 

Signed  l)eft)re  (ue  this  !>th  day  of  November,  A.  D.  1892. 
Witness  my  hand  and  the  seal  of  the  Consulate  at 
Aictoria.  B.  C. 

IL.  s.]  LEVI  W.  MYERS. 

U.  S.  Consul  and  Commissioner. 


40 


In   the  United  States  District  Court   for  the  District  of 
Alaska.     In  Admiralty. 
The  United  States  1 

vs. 
The  schooner  "  Henrietta,"  her  [  No.  ;^.")H. 

boats,  tackle,  apparel,  furiii-  | 

ture  and  cargo.  J 

I,  Levi  W.  Myers,  American  Consul  at  the  port  of  Vic- 
toria, in  the  Province  of  British  Columbia,  do  hereby 
(  ertify  that,  in  pursuance  of  the  stipulation  and  commis- 
So.^ion  hereto  attached  and  retuined  herewith  and  by  virtue 
of  the  power  and  authority  therein  conferred  upon  me,  I 
did  on  the  27th  day  of  October,  1M»2.  cause  the  witnesses 
liereinafter  enumerated  to  appear  before  me  and  give  thoi; 
testimony  herein  at  the  rooms  of  the  Board  of  Trade  in  tne 
City  of  Victoria,  B.  C,  and  at  said  time  and  place  there 
was  present,  as  counsel  on  belialf  of  the  United  States,  F. 
P.  Devvees,  Esq.,  and  as  counsel  on  behalf  of  the  respond- 
ent and  intervener,  E.  C.  Hughes,  Esq.,  and  I  do  further 
certify  that  I  did  cause  the  testimony  of  said  witnesses  to 
6o|)e  taken  down  in  writing  l)y  stenographers  by  me  duly 
sworn  faithfully  to  report  and  transcribe  said  testimony 
and  that  thereupon  Charles  Spiing  and  M.  Pinckney  after 
being  duly  sworn  to  testify  to  the  truth,  the  whole  truth 
and  nothing  but  the  truth,  did  give  their  testimony  on 
behalf  of  the  respondent  and  intervenor. 


32.-) 


TTT^WIJH' 


(Exhibit  No.  is  U.  S.) 

I  do  further  cei  tify  that  tho  forogoing  depositions  of 
said  witnesses  hereinabove  named  were  thereupon  tran- 
scribed and  read  over  by  the  said  witnesses  in  my  piesence, 
and  by  said  witnesses  subscribed  to  before  nie. 

And  I  further  certify  tliat  the  foregoing  depositions  of 
the  said  witnessee  constitute  the  whole  testimony  so  taken 
before  me  in  pursuance  of  said  commission  and  that  the 
10 same  are  hereunto  attached  and  returned  herewith. 

In  witness  whereof,  I  have  hereunto  subsciibed  my 
name  and  affixed  my  consular  seal  at  the  Port  of  Victoria, 
Province  of  British  Columbia,  this  (»th  day  of  November, 
1892. 

LEVI  \V.  MYERS, 
[l.  h.]  U.  S.  Consul  and  Commissioner. 

(Endorsed)— United  States  Con.sulate  at  Victoria,  B.  C, 
United  States  vs.  The  schooner  "  Henrietta,"  her 
boats,  tackle,  apparel,  furniture  and  cargo. — N.  R. 
2°  Peokinpaugh,  Clerk  of  the  U.  S.  District  Court.— In 
and  for  the  District  of  Alaska.— Sitka.  Territory  of 
Alaska.— Filed  Nov.  1!>,  l,s!t2.— N.  K.  Peckinpaugh, 
Clerk. -IL.  8.] 

And  afterward  to  wit,  on  October  .S,  18!t2,  the  followiiig 
further  proceedings  were  had  and  appear  of  record  in  said 
cause,  which  are  in  words  and  figures  following,  to  wit: 
United  States  "] 

vs.  i 

3° Schooner      "Henrietta,"     her  j- No.  3.53. 
boats,  tackle,  apparel,  furni-  | 
tare  and  cargo.  J 

Comes  now  the  parties  and  it  being  suggested  that  F. 
P.  Dewees,  Esq.,  is  of  counsel  for  plaintiff.  It  is  ordered 
that  he  be  entered  of  i-ecord  as  such  attorney  in  said 
cause. 

And  afterwards  to-wit,  on  November  19,  1892,  the  fol- 
lowing further  proceedings  were  had  and  appear  of  record 
^1^°  in  said  cause,  which  are  in   words  and  figures  following, 
to  wit: 

United  States  ) 

vs.  '■  No.  3.53. 

Schooner  "  Henrietta."  \ 

Comes  now  C.  S.  Johnson,  United  States  Attorney,  and 

presents  in  open  Court  the  account  of  R.  C.  Rogers,  duly 

appointed  Commissioner  to  take  testimony  in  said  cause, 

for  taking  and  certifying  depositions  therein  in  the  sum 

50  of  $40.00. 

And  the  Court  being  sufficiently  advised,  it  is  ordered 
that  the  said  account  be  and  the  same  is  hereby  approved 
and  allowed  in  the  sum  of  $4o.OO. 

And  afterwards  to-wit,  on  December  13,  1892,  the  fol- 
lowing further  proceedings  were  had  and  appear  of  record 
in  said  cause,  which  are  ni  words  and  figures  following, 
to-wit: 

United  States  ) 

60  vs.  y  No.  353. 

Schooner  'Henrietta.") 

It  appearing  to  the  Court  that  there  is  now  in  the  office 
of  the  Clerk  of  the  Court  a  large  number  of  depositions 
taken  in  said  cause  pursuant  to  stipulation  on  file  in  that 
behalf,  and  the  United  States  Attorney  appearing  for  the 


rfr 


r-' 


I II 

ii 


i 


ii' 


"iJI* 


'I. 


(Exhibit  No.  is  U.  S.) 

plaintiff  in  open  Court,  niovt's  that  an  order  be  made  open- 
ing said  depositions.  It  is  therefore  oidered,  and  the 
Clerk  of  this  Court  is  hereby  directed  to  open  said  deposi- 
tions and  hold  them  subject  to  the  inspection  of  the  attor- 
neys of  and  parties  to  said  suit. 

And  on  September  -25,  is'Xi,  libelant  filed  motion  to  dis- 
miss suits,  which  is  in  words  and  figures  following,   to 
JOwit: 

In  the  United  States   Distiict  Court  for  the  District  of 

Alaska. 

Tlie  United  States 


vs. 


No.  3r>:i. 
Motion. 


The  Schooner  "  Henrietta,"  etc. 

Comes  now  the  libelant  in  this  action,  by  C.  S.  Johnson 
U.  S.  Attorney,  aiia  moves  the  Court  to  dismiss  the  libel 
and  action  in  the  case  of  Joim  Thoreson  ef  al  rs.  The 
2oScbooner  "Henrietta,"'  &c.,  for  the  reason  that  said  vessel 
was  seized  by  the  libelant  for  violations  of  law,  said  seizure 
having  been  made  more  than  four  leagues  from  shore,  and 
brought  to  Sitka  for  trial;  and  libelant  having  dismissed 
its  libel  in  that  behalf,  and  said  vessel  having  been  ordered 
turned  over  to  the  British  Government  for  trial  under  the 
"  Modus  Vivendi  "  entered  into  between  Great  Britain  and 
the  United  States  relating  to  the  seal  fisheries,  said  vessel 
is  not  liable  in  any  other  action,  or  subject  to  process  in 
any  other  cause  than  the  one  for  which  she  was  seized. 
30  C.  S.  JOHNSON, 

U.  S.  Attorney. 
(Endorsed)— No.    3.->;5.— In    U.  S.    Dist.    Court,   Dist.     of 

Alaska. — The  United  States  vs.  The  "  Henrietta,"' etc. 

— Motion  to  dismiss  suit  i)f  John  Thoreson,  et  al — 

Filed  Sept.  25.  18i»3.— N.  R.  Peckinpaugh,  Clerk.— 

C.  S.  Johnson,  U.  S.  Attorney. 

And  on  September  2.5,  lisi>3  libelant  filed  motion  to  dis- 
.Q  miss  attachment  of  Willoughby  Clark,  which  is  in  words 
and  figures  following,  to- wit: 

In  the  United  States  District  Court  for  the  District  of 

Alaska. 


The  United  States 

vs.  |-  No. 

The  Schooner  "  Henrietta,"  etc.  ) 


I 


353. 


Comes  now  the  above  libelant  by  C.  S.  Johnson,  U.  S. 

Attorney  and  moves  the  Court  to  dismiss  the  attachment 

,Q suit  of  Willoughby  Clark  against  the  "  Henrietta"  etc., 

for  the  reason  that  said  vessel  and  cargo  are  not  liable  to 

attachment  or  othei-  process  in  said  action. 

C.  S.  JOHNSON. 

U.  S.  Attorney. 
(Endorsed)— No.  353.— In  U.  S.  Dist.  Court,  Dist.  of 
Alaska. — United  States  vs.  The  "  Henrietta"  etc.— 
Motion  to  dismiss  attachment  of  Willoughby  Clark. — 
Filed  Sept.  25,  1893.— N.  R.  Peckinpaugh,  Clerk.— C. 
S.  Johnson,         U.  S.  .A  ttorney. 


60 


And  on  the  same  date  the  libelant  filed  motion  to  dis- 
miss libel,  which  is  in  words  and  figures  following,  to- 
wit: 


.'w; 


:t: 


(Exhibits  Nos.  iw  U.  S.  and  IKi  ami  111.) 
In  the  United  States  District  Court,  Dis^trict  of  Alaska. 

The  United  States  |  No.  353. 

rs.  >  Motion  to  dismiss. 

The  Schooner  "  Henrietta,"  etc.  ) 

Comes  now  libelant  by  C.  S.  Johnson,  U.  S.  Attorney  and 
moves  the  Court  to  dismiss  the  libel  herein,  before  filed 
10  and  discharged  said  vessel  etc.  from  cnstodv. 

C.  S.  JOHNSON. 

U.  S.  Attorney. 
(Endorsed) -No.  Hn:!— In  U.  S.  Dist.  Court,  Dist  of 
Alaska.— The  United  States  v.s.  'I  he  "Henrietta."— 
Motion  to  dismiss  libel. — Filed  September  25,  1S!>3. — 
N.  H.  Peckinpaugh,  Clerk,— C.  S.  Johnson,  U.  S. 
Attv. 


20 


United  States,  District  of  Alaska. 
In  the  United  States  District  Court,  District  of  Alaska. 

United  States  ) 

rs.  > 

Schooner  "  Henx'ietta  "  et  al.  ) 

Received  of  N.  R.  Peckinpaugh,  Clerk  of  tiie  District 
Court  of  the  United  States,  for  said  District,  the  follow- 
ing ship's  papers,  documents  and  books,  to- wit: 

Certificate  of  Biitish  Registry Exhibit  "A." 

Agreement  and  Account  of  Crew Exhibit  "  B." 

3°  Copy  of  Agreement  to  be  made  accessible  to 

Crew Exhibit  "C." 

Coasting  License Exhibit  "  D." 

Report  Outward Exhibit  "E." 

Bill  of  Health Exhibit  "F." 

Clearance Exhibit  "  G." 

Log  Book Exhibit  "H." 

Official  Log  Book Exhibit  "L" 

Said  cause  having  been  dismissed  and  said  vessel,  etc., 
40<^^rtlered  to  be  released  from  custody. 
Sitka  Alaska. 
November  23,  1S93. 

M.  PINCKNEY, 
Master  Schooner  "  Henrietta." 
(Endorsed)— District  Court  of  the  U.  S.  for  the  Dist.  of 
Alaska.— United    States   i;.s.    Schooner   "Henrietta" 
et  a/.— Receipt  of  Master  of  ship's  papers  delivered 
by  the  Clerk  of  the  Court. 


50 


Claim  No.  24,  ''  'Winnift'ed." 

EXHIBIT  No.  110  (0.  B.),  CLAIM  No.  24. 

Transcript  of  Registry,  schooner  "  Winnifred,"  Novem- 
ber 13,  1879,  to  February  -1,  1891. 

By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printed. 


6o 


EXHIBIT  No.  Ill  (e.  B.),  CLAIM  No.  24. 

Certified  copies  of  Libel,  Schedule,  Answer  and  Decree 
in  proceedings  in  United  States  District  Court  in  Alaska 
in  case  of  United  States  vs.  "  Winnifred." 


■'  ;■ 

ft. 

J 

III 


:'.-»s 


(Exhibit  No.  111.) 

Ill  the  District  Court  of  the  I'liited  States  for  tiie  Districit 

of  Ahiska.  in  Adinirlty. 
Pleas  and    i>ro(*'ediiigs   began  and  had    in 
Court    of    the    United    States    for    the 


the  District 
District    of 


Alaska. 

The 


'OThe  Schooner 


Tiiited  States 

rs. 
"  Winifred,"   her 


1 


boats,  I 
tackle,  apparel,  furniture  and  cargo.      I 

Be  it  remembered;  That  at  a  stated  term,  to  wit,  the 
May  term,  ls)»-.>.  of  the  District  Court  of  the  United 
States,  for  the  District  of  Alaska,  began  and  held  at 
Sitka,  in  said  District,  on  Monday  the  second  day  of  May, 
ls!t2.  and  adjourned  from  time  to  time  until  August  li>, 
\s\t2,  when  C.  S.  Johnson,  Ksc).,  U.  S.  Attorney  for  the 
District  of  Alaska,  presented  and  tiled  the  libel  of  infor- 
2orii'ition  in  said  cause,  which  is  in  words  and  figures  fol- 
lowing, to  wit: 

lu  the  United  States  District  Court  in  and  for  the  District 

of  Alaska. 
Of  the  May  Term,  in  the  year  one  thousand  eight  hun- 
dred and  ninety  two. 

The"^  United  States  1 

r.s.  i 

The    Schooner   "Winifred,"   her  boats,,' 

30     tackle,  apparel,  furniture  and  cargo.      J 

To  the  Honorable  Warren  Truitt,  Judge  of  the  United 
States  District  Court  for  the  District  of  Alaska. 
The  libel  of  information  of  C.  S.  Johnson,  Attorney  of 
the  United  States  for  the  District  of  Alaska,  who  prose- 
cutes on  behalf  of  the  United  States,  and  being  piesent 
in  Court  in  his  propei-  person,  in  the  name,  and  on  behalf 
of  tiie  United  States  against  the  schooner  "  Wini- 
fred,"' her  boats,  tackle,  apparel,  furniture  and 
cargo,  and  against   all  persons  inteivening  for  their  inter- 

"^^est  therein  in  a  cause  of  forfeiture,  alleges  and  informs  as 
follows: 

That  Washington  A.  Coulson,  a  captain  in  the  United 
States  Revenue  Cutter  Service,  duly  commissioned  by  the 
President  of  the  United  States,  and  then  and  there  com- 
manding the  United  States  Revenue  cutter  "  Rush  "  on 
duty  in  the  waters  of  Alaska,  and  duly  authorized  in  the 
premises,  heretofore,  on  or  about  the  20th  day  of  July. 
1892,  near  Omak  Island,  in  Beriugs  Sea,  latitude  55"  22' 
54'  North,  longitude  Ifi:}^  ;?5'  West,  within  the  District  of 

'°  Alaska,  and  within  the  jurisdiction  of  this  Court,  on  woters 
navigable  from  the  sea  by  vessels  of  ten  or  more  tons  bur- 
den, seized  the  vessel  commonly  called  a  schooner,  and 
known  as  the  "  Winifred,"  her  boats,  tackle,  apparel,  fur 
niture  and  cargo,  and  turned  the  same  over  to  the  Col- 
lector of  Customs  for  the  Port  of  Sitka,  in  said  District  of 
Alaska,  where  they  now  are,  said  vessel,  her  tackle,  ap- 
parel, boats,  furniture  and  cargo  being  the  property  of 
William  Henrj'  Dyer  and  Robeit  Sharp,  of  Victoria,  in 

^  British  Columbia,  said  owners  not  being  citizens  of  the 
United  States,  as  forfeited  to  the  United  States  for  the 
following  among  other  reasons  and  causes: 

1st.  That  on  or  about  the  20th  day  of  June,  1892,  within 
the  limits  of  the  United  States,  within  the  limits  of  Alaska 
Collection  District  and  within  the  waters  thereof,  within 


320 


■^^*«S^*L,| 


(Exhibit  No.  Ill) 

four  leagues  of  the  coast  of  said  District,  and  witliin  the 
jurisdiction  of  tliis  Court,  to  wit;  At  oi'  near  the  island  of 
Afojinak,  there  was  unladen  fron  the  British  schooner 
"  Libhie"  one  sack  of  potatoes,  from  the  British  schooner 
"Venture"  ten  bags  of  salt  and  a  large  quantity  of  coal, 
and  from  the  British  steamer  "Cociuitlane"  one  case  of 
canned  Ueef.     That  each  of  said   vessels  so  unlading  said 

lo merchandise  were  from  a  foieign  port,  were  laden  witli 
iTierchandise,  were  bound  for  the  United  States,  and  were 
on  or  about  the  litth  day  of  June,  \su-2,  anchored  in  the 
bay  of  Tonki  in  said  Island  of  Afognak.  and  in  said  collec- 
tion district  of  Alaska.  None  of  said  vessels  at  tlie  time 
of  so  unlading  said  mercliandise  had  come  to  tlie  proper 
place  for  the  discharge  of  tlieir  cargo,  or  any 
part  thereof.  Nor  bad  anv  of  them  been  an- 
tliorized  t)y  the  proper  otticer  of  the  Customs 
of    said     District,     to     unload     the     same,    and    said 

20  unlading  was  not  made  necessary  by  any  unavoidable  ac- 
cident, necessity  or  distress.  That  all  of  said  merchandise 
so  unladen  was  then  and  there  jmt  and  leceived  into  said 
schooner  "  Winifred."  with  the  knowledge  and  consent  of 
one  G.  M.  O.  Hansen,  who  was  then  and  there  master  of 
said  vessel,  and  contrary  to  Sections  I'sc.r  and  isfis  of  the 
Revised  Statutes  of  the  United  States  in  such  case  made 
and  provided. 

2nd.  And  said  C.  S.  Johnson,  attorney  for  the  United 
States   for    the  District  of  Alaska,    further  alleges  and 

30 informs:  That  said  schooner  "Winifred"  is  a  foreign 
vessel,  owned  in  Victoria,  in  British  Columbia,  as  herein 
before  described;  That  on  the  2oth  day  of  Februaiy,  ]8!t2, 
said  vessel  cleared  from  tlie  foreign  port  of  Victoria,  Brit- 
tish  Columbia,  having  on  board  "'ballast  and  stores"; 
That  on  or  about  the  i;Uh  day  of  June,  |si)2,  said  vessel 
so  laden  arrived  in  the  waters  of  tin;  United  States  fioni 
said  foreign  territory,  adjacent  to  the  northwestern 
frontier  of  the  United  States,  in  a  small  bay  called  Tonki, 
in  the  Island  of  Afognak,  said  island  being  the  property 

4oand  domain  of  the  United  States,  and  lying  adjacent  to 
the  mainland  of  the  Territory  of  Alaska,  within  the  Collec- 
tion District  of  Alaska  and  within  the  jurisdiction  of  this 
Court,  and  came  to  anchor  within  said  bay;  That  at  the 
times  complained  of  herein,  G.  M.  O.  Hansen  was  the 
master  and  in  charge  of  said  schooner  "Winifred;"  That 
said  master  did  not  report  at  the  offict;  of  the  Collector  or 
the  deputy  Collector  of  Customs,  neaiest  to  said  Tonki 
Bay,  nor  did  he  report  to  any  Collector  or  deputy  Collector 
of  Customs  for  said  District  of  Alaska,  nor  did  he  obtain 

50  or  receive  a  special  permit  from  any  Collector  or  deputy 
Collector  to  proceed  further  inland,  or  to  unlade  or  take 
in  cargo. 

Yet  said  vessel  on  or  about  the  20th  day  of  June,  1892, 
within  said  Tonki  Bay,  within  the  waters  of  the  United 
States  and  within  the  jurisdiction  of  this  Court,  did  unlade 
a  part  of  her  cargo,  to  wit:  One  hundred  fur  seal  skins 
and  ,    and  did    transfer    said    seal    skins 

to  the  British  schooner  "Favorite "or  some  other 
foreign  vessel,  and  did  then  and  there  receive  and  take  in 

60  from  the  steamer  "  Coquitlam  "  a  large  amount  of  mer- 
chandise, consisting  of  salt,  coal,  canned  beef,  etc,  all 
contrary  to  the  provisions  of  Section  3109  of  the  Revised 
Statutes  in  such  case  made  and  provided. 

And  the  said  attorney  saith,  that  all  and  singular  the 
premises  are  true  and  within  the  admiralty  and  maritime 


:t:i(i 


i! 


IHI 

I 


Av 


li 


(Exhiltit  No.  111.) 

juriH(lictioii  of  the  United  StateH  and  lliis  H(>i)oralil« 
Court,  and  that  l)y  reason  tht'it'of,  and  by  force  of  the 
Statutes  in  sucli  case  made  and  provided,  tijo  aforemen- 
tioned vessel,  her  b)ats,  tackle,  apparel,  furniture  and 
cargo,  and  all  things  found  upon  or  appertaining  to  her, 
heroine  and  are  forfeited  to  the  use  of  the  I'nited  States 
of  America. 

lo  Wherefore,  the  said  attorney  prays  that  the  usual  pro 
cess  and  monition  of  this  Honorable  Court  issue  in  this 
behalf,  and  that  all  persons  interested  in  the  aforemen- 
tioned vessel  an<l  cargo  lie  cited  in  general  and  special  to 
answer  the  premises,  and  all  due  proijeedings  being  had, 
that  the  said  vessel,  her  boats,  tackle,  apparol,  furniture 
and  cargo,  and  all  things  found  niton  and  appertaining  to 
said  vessel,  may.  for  the  causes  aforesaid  and  others  ap- 
pearing, be  condemned  to  tiie  use  of  the  United  States  of 
America  according  to  the  forms  of  the  statutes  of  the  said 

20  United  States  in  such  case  made  and  provided. 

C.  S.  JOHNSON, 
United  States  District  Attorney  for  the 

District  of  Alaska. 

(EndorF.ed)  -No.  :{45.— In  the  U.  S.  Dist.  Court,  Dist.  of 
Alaska.— The  United  States  i-.s.  The  schooner  '*  Wini- 
fred."—Fiibel  of  Information.— Filed  Aug.  Ill,  lSil2. 
N.R.—Peckinpaugh. Clerk. — C.  S.  Johnson,  U.S.  Atty. 

,Q     And  on  the  Si2d  day  of  August,  181»2,  the  following 
furtfvjr  pioceedings  were  had  and  appear  of  record  in  said 
cause,  which  are  in  words  and  figures,  following,  to-wit: 
United  States  1 

vs.  I 

Scliooner      "  Winifred,"  |  »•„  mj^- 
her  boats,    tackle,  ap-  l''^'^'  '^'*"- 
parel,     furniture     and  | 
cargo.  J 

Come  now  R.  W.  Beasley.  Edward  deGrof¥,  and  W.  R. 
40  Mills,  the  appraisers  herein  heretofore  appointed  to  ap- 
praise the  schooner  "Winifred,"  her  boats,  tackle,  ap- 
parel, furniture  and  cargo,  and  are  now  duly  sworn  to 
discharge  their  duty  as  such  appraisers. 

In  the  United  States  District  Court  for  the  District  of 

Alaska. 
The  United  States  1 

Schooner    "Winifred,"   her  tackle,   ap-  f  ^^°-  ^'^^' 
'  parel,   furniture,  and  cargo.  J 

We  the  undersigned,  having  been  appointed  appraisers 
by  the  Honorable  Warren  Truitt,  Judge  of  the  United 
States  District  Court  for  the  District  of  Alaska  to  appraise 
the  above  named  schooner,  her  boats,  tackle,  apparel, 
furnitu'e  and  cargo,  beg  leave  to  report  the  following: 

We  the  undersigned  having  met  on  the  2l8t  day  of  Au- 
gust, 1892,  have  appraised  the  said  schooner  "  Wniifred," 
her  boats,  tackle,  apparel,  furniture  and  cargo,  as  fol- 
60  lows: 

Schr.  "  Winifred,"  her  tackle,  appparel  and  fur- 
niture       $770  00 

4Boat8 182  00 

1  Fog  Gun 10  00 

475  lbs.  Shot 30  75 


1i"*f 


(Exhibit  No.  111.) 

(!i">  11(8.  I'owdcr [o  00 

1  Lot  empty  shells  ill  boxes  1111(1  sacks I  u(» 

I  1/2  Tons  salt L';{  (to 

■H\  txiv  seal  skins 415  oo 

I  BhI.  salmon t|  oo 

1  Box   hiscnit 1  00 

2  Mats  rice 1  oO 

lO  I  Box  raisins 1  ou 

;!     "  s.  lime  juice 1  50 

:{  Sacks  Beans H  JIO 

I  Box  candles.. -2  oo 

1  ("an  coal  oil 1  50 

2  Kits  pickles 1  00 

5  Sks.  Hour a  00 

;{  Tins  coffee,  15  Ihs 3  75 

H  Boat  compasses 5  00 

2  (,'ases  corned  beef 400 

20  l/;{  Tin  matches 50 

I  Keg  sufi;ai'  (I55lbs.i c>  •>() 

1     "    syrup  (4  Gals.) j  25 

20  M  gun  wads |o  00 

2:50  Cartridges   (45/V.o) t;  00 

8  .M  primeis 8  00 

1  Reloading  ti)ol.(No.  ;$S) 1  00 

4  Kifles  '. 40  00 

ftSbot-guns 100  00 

30  Total $l,t\r,i  55 

R.  W.  BEASLEY. 
EDWARD  DEGROBT. 
W.  R.  MIL1.S. 


And  on  September  23rd,  18!»2,  the  oath  and  report  of 
Appraisers  were  filed  in  said  cause,  which  are  in  words 
and  figures  following,  to  wit: 

In  the  United  States  District  Court,  District  of  Alaska: 

40  United  States  1 


I'  No.  345. 


rs. 
Schooner   "  Winifred,"  her  tackle,    ap-  . 
pare],  furniture  and  cargo.  J 

R.  W.  Beasley,  Ed.  de  Groff,  W.  R.  Mills,  the  duly  ap- 
pointed  appraisers  appointed  by  order  of  this  Court  in  the 
above  entitled  cause  to  appraise  the  value  of  the  schooner 
"  Winifred,"  her  tackle,  boats,  apparel,  furniture  and 
cargo,  being  first  duly  sworn,  each  for  iiimself,  and  not 
cQone  for  another,  says:  I  will  justly  and  honestly  appraise 
the  value  of  the  scfiooner  "  W^inifred,"  her  boats,  tackle, 
apparel,  furniture  and  cargo.     So  help  me  God. 

R.  W.  BEASLEY, 
[L.  s.]  EDWARD  deGROFF, 

W.  E.  MILLS. 
Subscribed  and  sworn  to  in  open  Court ) 
this  22nd  day  of  August,  1892.  ) 

N.  R,  PECKINPAUGH,  Clei::. 
By  A.  A.  MEYER,  Deputy. 
60 (Endorsed).— No.  345.— In  Dist.  Court,  Dist.  of  Alaska.— 
United  States  fs.  Schooner  "  Winifred."— Oath  and 
report  of  Appraisers.— Filed  August  23,  1892. — N.  R. 
Peckinpaugh,  Clerk. — By  A.  A.  Meyer,  Deputy. 


332 


15? 


fiiH 


10 


30 


(Exhibit  Xo.  111.) 

And  on  Septeni'jer  ^l',  1S!)i>,  defendants  filed  their 
answer  iietein  in  said  cause,  whicii  is  in  words  and  figures 
following,  to  wit: 

In  the  U.  IS.  District  Conrt  of   the  United  States  in  and 
for  the  Di.strict  of  Alaska.     In  Admiralty. 

The  Tnited  Phites  1  v 

The   Schooner   "Winifred,"   lier    hoats,  j"  Answer, 
tackle,  apparel,  furniture  and  cargo.      j 

The  answer  of  Charles  Spring  intervening  for  his  in- 
terest as  the  managing  owner  of  tlie  said  Schooner 
"  Winifrei!,""  her  boats,  tackle,  apparel,  furniture  and 
cargo,  to  ihe  libel  of  C.  S.  Johnson,  Attorney  for  the 
I'nited  Stales  for  tlie  District  of  .Alaska,  tiled  in  the  ahovo 
entitled  cause,  in  behalf  of  the  United  States,  alleges  as 
follows: 
20  I. 

That  he  denies  tiiat  one  William  Henry  Dyer  and 
Robert  Sharp  of  Victoria,  in  the  Province  of  British 
Columbia,  are  the  owners  of  the  said  Schooner  "Wini- 
fred," hut  avers  that  he  is  the  managing  owner  thereof. 

II. 

Answej'ing  article  tnie  of  said  libel  of  the  United  States, 
lie  admits  that  on  or  about  the  I'dth  day  of  June,  l^!t:.^ 
there  was  mdaden  from  the  Hiitish  Schooner  "  Venture," 
certain  salt,  but  he  denies  that  any  coal  was  unladen 
therefrom,  or  that  any  corned  beef  was  unladen  from  the 
British  Steamer  "  C'o(|uitlam: "  that  he  denies  that  the 
same  w;'.s  so  unladen  within  the  limits  of  the  Alaska  Col- 
lection District,  or  within  the  waters  thereof,  or  within 
foiu'  (4)  leagues  of  the  coast  of  said  District.  That  he 
admits  that  the  said  vessels  were  from  a  foreign  port,  but 
lie  denies  that  the  same  were  laden  with  merchandise  or 
bound  for  the  United  States. 

That  he  admits  that  the  said  salt  so  unladen  from  the 
,Qsaid  schooner"  Venture  "  was  put  and  received  into  the  said 
schooner  "  Winifred  "  ;  that  he  denies  ti)at  the  same  was  so 
done  in  violation  of  Sections  'JSdT  and  2S0S  of  the  Revised 
Statutes  of  the  United  States,  or  with  intent  to  violate 
any  of  the  customs  or  levouue  laws  of  the  United  States. 
or  with  intent  to  defraud  the  United  States  in  any  manner 
whatsoev  r.  Tiiat  the  remaining  allegations  in  said 
Article  One  are  in  great  part  false  and  untrue,  and  the 
truth  in  relation  thereto  is  as  hereinafter  set  forth. 

II. 
50  Answering  Article  Two  of  said  libel  defendant  states 
that  he  admits  that  the  said  schooner  ''  Winifred"  is  a 
foreign  vessel,  owned  in  Victoria.  British  Cohunhia,  and 
that  on  or  about  tlie  2utli  day  of  February,  18!)'i,  she 
cleared  from  the  said  poit  of  Vic toria,  having  on  hoard 
ballast  and  stoies  necessary  f'-.r  her  voyage.  Tiiat  he 
admits  that  on  or  about  the  day  of  June,  1S!>2, 

she  entered  a  small  bay  called  Tonki  Bay,  on  the  coast  of 
the  Island  of  Afognak:  and  avers  that  slie  so  entered  said 
hay  for  the  purpose  of  obtaining  a  supply  of  fresh  water 
60 for  the  prosecution  of  lier  .said  voyage.  That  he  admits 
that  afterwards,  and  on  or  about  the  t>oth  day  of  Juno, 
lSi(2,  he  did  unlade  about  one  hundred  ( lou)  fur  seal  skins, 
and  did  transfer  the  same  to  the  British  schooner  "  Favor- 
ite," or  some  other  foreign  vessel,  and  did  then  and  there 
receive  from  the  said  schooners  "Lihbie"and  "Venture," 


333 


"fwrn 


(Exhibit  No.  111.) 

a  small  amount  of  salt,  coal  and  canned  beef,  but  defend- 
ant is  informed  and  believes,  and  so  charges  the  fact  to 
be,  that  the  said  fur  seal  skins  and  said  salt,  coal  and 
canned  beef  were  so  delivered  and  received  outside  of  the 
limits  of  the  Collection  of  Alaska,  and  outside  of  the 
waters  of  the  United  States.  Tiiat  the  re'iiaining  allega- 
tions of  said  Article  Two  in  said  libel   arc   in   great  pait 

!0  false  and  untrue,  and  the  truth  in  the  premises  is  as  here- 
inafter set  forth. 

III. 
B'urther  answering,  defendant  states  that  ho  is  a  citizen 
and  resident  of  Victoria,  in  the  Province  of  British  Coluni- 
l)ia  and  Dominion  of  Canada,  and  is  the  owner  of  said 
schooner  "Winifred";  that  tlie  said  schooner  "  Winifred  " 
is  a  foreign  vessel,  registered  at  tlm  said  port  of  Victoiia, 
in  the  Dominion  of  Canada.  That  on  or  .<bout  the 
■iotli     day      of     February,     istt'i,      the     said     schooner 

~° cleared  from  tiie  said  port  of  Victoiia  for  the  North 
Pacilic  Ocean  on  a  sealing  voyage,  to  he  prosecuted 
in  the  open  waters  of  the  s;iid  ocean,  and  thtMice  to  re- 
turn to  the  said  port  of  Victoria;  that  the  said  schooner 
was  at  no  time  hound  to  the  I'nited  States,  nor  was 
she  laden  with  any  merchandise  l)ound  to  the  United 
States.  That  in  tiie  prosecution  of  her  said  sealing  voy- 
age, and  on  or  about  the  i:ith  day  of  June,  isit^,  she 
entered  the  said  Tonki  Bay  in  distress  for  the  purpose 
of  securing  fresh    water,  and    not    with  any    intent    to 

3°  violate  any  of  the  customs  or  revenue  laws  of  the 
United  States,  nor  with  any  intent  to  defraud  the  United 
•  States  in  any  manner  whatsoever;  that  subsequently 
thereto  she  transferred  about  out  hundred  O*"0  fur  seal 
skin'',  caught  by  her  in  the  p.osecution  of  her  said 
sealing  voyrge,  to  the  said  Schooner  "  Favorite,"  at  a 
point,  as  the  defendant  is  informed  and  believes,  more 
than  four(+i  leagues  from  the  coast  of  th(>  United  States, 
which  saicl  seal  skins  were  so  transfeired  for  the  sole 
purpose  of  being  conveyed  and  delivered  diiectly  to  this 

"*° defendant  at  the  said  port  of  Victoria,  and  that  at  the 
same  time  and  place  she  received  from  the  said  schooner 
"Venture'"  a  small  ([uantity  of  salt,  which  the  said 
schooner  was  about  to  throw  overboard,  and  from  the 
said  schooners  "  ll,il)hie  "  and  "Venture"  a  small  quan- 
tity of  coal  and  corned  beef,  all  of  which  articles  were 
given  to  the  said  schooner  "  Wiuified"  by  the  aforesaid 
schooners  "  Libbie"  and  "  Venture;  "and  without  purchase 
or  compensation,  and  tln>  same  was  of  trifling  value  and 
was  so  given  si.eiy  for  the  purpose  of  affording  a  tempor- 

^*^ary  supply  for  the  necessities  of  the  said  schooner  "  W  i>'i 
fred  "  and  tlie  said  skins  were  so  delivt'ied,  and  the  salt, 
coal  and  beef  were  so  received  without  .iny  intention  "i 
the  part  of  this  defendant,  or  of  the  masters  or  ofl:  ::m  ; 
of  any  of  said  schooners  to  violate  any  of  the  customs 
or  revemie  laws  of  the  United  States,  or  to  defr.uul  the 
United  States  in  any  manner  whatsoever. 

IV. 

That  all  and  singular  the  premises  in  this  answer  set 
60  forth  are  true;  and  that  each  and  every  of  the  allegations 
contained  in  the  libel  of  the  libelant  herein,  not  in  this 
answer  expressly  admitted,  aie  false  and  untrue. 

Wherefore,   this  defendant  prays  that  this  Honorable 
Court  will  be  pleased  to  pronounce  against  the  hbel  afore 
said  and  to  condemn  the  libelant  in  costs  herein,  and  to 


334 


';.i 


(Exhibit  No.  111.) 

release  and  discharge  the  said  fur  seal  skins  unto  the 
said  several  owners  thereof,  and  to  pronounce  against  the 
forfeiture  thereof;  and  otherwise  law  and  justice  to  ad- 
minister in  the  premises. 

HUGHES.  HASTINGS  &  STEDMAN. 

Proctors  for  Respondent. 
E.   C.   HUGHE8, 
lo  Advocate. 

Dominion  of  Canada,  Province  of  British  Columbia,  ss. : 
Charles  Spring  being  duly  sworn,  deposes  and  says  that 
he  is  the  managing  owner  of  the  schooner  "Winifred'' 
libeled  and  seized,  in  the  above  entitled  proceedings,  that 
he  has  read  the  foregoing  answer,  knows  the  allegations 
thereof,  and  tlie  same  are  true  as  he  verily  believes. 

CHARLES  SPRING. 
Subscribed  in  my  presence  and  sworn  to  before  me  by 
oothe  sciid  Charles  Spring,  this  Kith  day  of  September,  A.  D. 
18P2. 

LEVI  W.  MYERS, 
American  Consul  for  tlie  Port  of  Victoria, 

Province  of  British  Columbia,  Dominion 

of  Canada  duly  commissioned,     (l.  s.) 
Copy  of  within  answer  received  and  due  sarvice  of  the 
same  acknowledged  Sept  isfiv. 

C.  S.  JOHNSON, 

Atty.  for  Libelant. 
30(Endorsed)-No.  34.^.  -In  theU.  S.  Dist.  Court,  Dist.  of 
Alaska.— United  States  vs.  Schooner  "Winifred." — 
Hughes,  Hasting!^?  &  Stedman,  Proctors  for  Resp. — 
Answer.— Filed  Sept.  22,  1802,  N.  R.  Peckinpaugh, 
Clerk. 


And  on  March  1st,  18it4,  the  following  further  proceed- 
ings were  liad  and  appea?.  of  record  in  said  cause,  which 
are  in  words  and  figin-e.s  following,  to-wit: 

.qIu  the  United  States  District  Court  for  the   District  of 
'*  Alaska. 

The  United  States  ]  „ 

vs.  [No.  345. 

The  Schooner    '  Winifred,"  her  boats,  (Decree, 
tackle,  apparel,  furniture  and  cargo.  J 

The  Marshal  having  returned  on  the  monition  issued  to 
him  in  the  above  entitled  action,  that  in  obedience  thereto 
he  attached  the  schooner  "  Winifred,"  her  boats,  tackle, 
apparel,  furniture  and    cargo,  and  gave  due  notice  to  all 

50  persons  claiming  the  same  to  appear  before  this  Court  on 
the  22nd  day  of  Septembei-,  1892,  at  10  o'clock  in  the  fore- 
noon, at  Sitka,  in  said  District  of  Alaska,  then  and  there 
to  interpose  their  claims  and  make  their  allegations  in  that 
behalf.  And  Charles  Spring,  of  Victoria,  British  Colum- 
bia, having  heretofore  filed  a  claim  as  managing  owner  of 
said  schooner  "Winifred,"  her  boats,  tackle,  apparel, 
furniture  and  cargo,  and  an  answer  to  the  libel  of  infor- 
mation filed  herein,  and  no  other  person  having  appeared, 
and  no  other  claim  or  allegation  having  been  made,  and 

60  the  said  cause  having  been  heard  on  the  pleadings  and 
proofs,  <1  S.  Johnson.  United  States  District  Attorney, 
appearing  as  proctor  for  libelant,  and  E.  C.  Hughes,  Esq., 

fu'octor  for  said  claimant,  and  the  usual  proclamation 
laving  been  made,  and  said  cause  having  been  submitted 
to  the  Court  for  decision,  and  due  deliberation  being  had 


:;85 


(Exhibit  No.  lit  U.  S.') 

in  the  premises,  and  the  Court  having  filed  its  findingB  of 
fact  and  conclusions  of  law  herein,  it  is  now  ordered,  ad- 
judged and  decreed  as  follows: 

First.  That  all  persons  whomsoever,  other  than  claim- 
ants, be  and  they  are  hereby  decreed  in  contumacy  and 
default. 

Second.    That  said   schooner    "Winifred,"   her    boats, 
lo tackle,   appai-el,   furniture  and  cargo,    and  all   property 
found  upon  or  appertaining  to  said  vessel  be,  and  the  same 
are  hereby  condemned  as  forfeited  to  the  United  States. 

Third.  That  unless  an  appeal  be  taken  from  this  de- 
cision within  the  time  i)rescribed  by  law  and  the  rules  of 
Court,  the  usual  writ  of  venditioni  exponas  be  issued  to 
the  Marshal,  commanding  him  to  sell  all  of  said  property 
and  bring  the  proceeds  into  this  Court  to  be  distributed 
accoi'ding  lo  law.  Costs  to  be  awarded  and  taxed  against 
claimant. 
20     Dated  March  1st,  isi)4. 

WARREN   TRUITT, 

U.  S.  Dist.  Judge. 


United  States  Exhibit. 

EXHIBIT  No  19  (U.  S),  CLAIM  No.  24 

Transcript  of  the  portions  of  record  and  proceedings 
United  States  District  Court  in  Alaska  in  case  of  Uni„^. 
SoStates  r,s.  "Winifred,"  which   are   not   included   in   Ex 
hibit  No.  Ill  (G.  B),  printed  above. 

And  on  August  KHh,  JS!t:i,  the  following  furthei-  pi-o- 
ceedings  were  had  and  appear  of  record  in  said  cause, 
which  are  in  words  and  figures  following,  to  wit: 


3  m 
ited 


The  United  States 


vs. 


:;-l-.-) 


40 


The  Schooner  "  Winifred,"  her  \  'So. 

boats,  tackle,  apparel,  furni-  I 

ture  and  cargo.  J 

Now,  on  this  I'.tth  day  of  August,  l^ii-',  comes  t  .  S. 
Johnson,  United  States  District  Attorney,  and  files  a  libel 
of  information  against  the  schooner  "Winifred,"  her 
boats,  tackle,  apparel,  furniture  and  cargo,  and  against  all 
persons  intervening  for  their  interest  therein  in  a  cause  of 
forfeiture  for  violation  of  Sections  of  the  Revised 

Statutes  of  the  United  States 

It  is  therefore  ordered  that  the  Clerk  of  this  Court  issue 
the  usual  process  and  monition  and  a  writ  of  attachment 
50 directed  to  the  Marshal  of  said  District,  returnable  on 
Thursday  the  I'l^nd  day  of  September,  l.S!t2.  at  lo  o'clock 
A.  M.,  directing  and  commanding  him  to  make  seizure  and 
take  into  his  possession  the  said  schooner  "  Winifred,"  her 
boats,  tackle,  apparel,  furniture  and  cargo. 

It  is  further  ordered  by  the  Court  that  Orville  T.  Porter, 
United  States  Marshal,  cause  due  notice  of  said  seizure  to 
be  made  and  given  and  also  of  the  information  on  file,  by 
causing  the  substance  of  said  information  and  of  the 
order  of  the  Court,  setting  forth  the  time  and  place  ap- 
60  pointed  for  trial,  to  be  published  in  the  Alaska  Herald,  a 
newspaper  of  general  circulation,  piinted  and  published  at 
Sitka,  in  said  District,  and  post  up  the  same  in  the  most 
public  place  for  a  period  of  four  weeks. 

And  on  the  same  date,  to-wit:  on  the  l!»th  day  of 
August.  18it2,  the  following  further  proceedings  were  had 


Ill 


330 


(Exhibit  No.  lit  U.  S.) 


1 

i-No.   845. 

I 

J 


in  said  cause  and  appear  of  record,  which  are  in  words 
and  figures  following,  to- wit: 
The  United  States 
vs. 
The  Schooner  "Winifred,'"  her  boats, 
tackle,  apparel,  furniture  and  cargo. 
Comes  now  E.  C.  Hughes,  Esq.,  proctor  for  claimant, 
'°and  ii.oves  the  Court  for  leave  to  file  the  claim  of  inter- 
vention of  G.  M.  L).  Hausen.  intei  vening  for  the  owners 
of  the  schooner  "  Winifred,"  her  boats,    tackle,  apparel, 
furniture  and  cargo. 

Said  motion  having  been  by  the  Court  considered,  it  is 
ordeied  that  leave  he  granted  to  file  said  claim. 

It  is  further  oidered  by  the  Court  that  R.  C.  Rogers, 
Esq.,  be  and  he  is  hereby  appointed  a  Commissioner  to 
take  the  testimony  on  part  of  the  libelant  at  Sitka, 
Alaska,  commencing  on  tne  2-2(\  day  of  September,  IsUii, 
~°  and  likewise  at  fruch  time  and  place  to  take  such  testi- 
mony on  behalf  of  the  claimants  as  they  may  produce. 

And  on  the  iKth  day  of  August,  Is'.il'.  the  claimant  filed 
the  claim  of  owners  in  .'*nid  cause,  which  is  in  words  and 
figures  following,  to-\vit: 

In  the  United  States  District  Court  in  and  for  the  District 

of  Alaska. 
The  United  States  1 

r.s.  I  No.  :i4r>. 

3oThe  Schoonei'  "Winifred,'"  her  I)oats.  |  Claim  of  Owners, 
tackle,  appaiel,  furnituie  and  cargo,  j 
To  the  Hon.  Warren  Truitt,  Judge  of  said  Court: 

G.  M.  O.  Hansen,  master  of  the  schooner  "Winifred," 
intervening  for  the  interest  of  G.  M.  O.  Hansen  and 
Charles  Spring  of  Victoria,  in  British  Columbia,  the  own- 
ers of  the  schooner  "  Winifred,"  her  tackle,  apparel,  fur- 
niture, engines,  boilei  s  and  cargo,  intervening  for  the  in- 
terest of  said  owners,  hereby  claims  the  said  schooner,  her 
boats,  tackle,  ap]iarel.  furniture  and  cargo,  and  says  that 
4°  the  above  named  persons  are  the  hue  and  boua  fide  ovinerB 
thereof,  and  no  other  person  is  the  owner  thereof,  and 
thereupon  the  said  claimant  prays  a  restitution  of  the  same 
to  him,  and  otheiwise  right  and  justice  to  be  administered 
in  the  i)remises. 

GUSTAVE  M.  O.  HANSEN, 
Claimaut. 
E.  C.  Hughes, 

Proctor  for  Claimant. 
Subscribed  and  sworn  to  before  me  bv  the  said  G.  M.  O. 
5"  Hansen  this  lUth  day  of  August,  A.  D".  isu2. 

N.  R.  PECKLNPAtTGH, 

Clerk  L".  S.  Dist.  Couit. 
By  A.  A.  MEYER,  Deputy. 
:!45. — The  United  States  is.  The  Schooner 
"—Claim   of    Intervention.     B'iled    Aug. 
-N.  R.  Peckinpaugh,  Clerk. 

lH!t2,   the  following  further  pro- 
appear  of  record   ni   said  cause, 


(Endorsed) — No. 

"  Winifred.' 

Itttb,  IsyL'. 
And  on  August  I'.Mli, 
ceedings  were  had  and 


(',Q  which  are  in  words  and  figures  following,  to  wit: 

The  United  States  ) 

r.s.  i 

The  Schooner  "  U  inifred,"  her  boats  }■ 

tackle,     apparel,     furniture    and  | 

cargo.  J 

Now,  on  this  lltth  day  of   August,  A.  D.  18!t2,  G.  M.  O. 

Hansen,  master  of  said  schooner   "  Winifred  "  appears 


Lii,tivP!fii.,4U!-»*/iwpi^w"^i,"^^rT^iii'^pr 


337 


No.  345. 


(Exhibit  No.  lit  U.  S.) 

herein  by  E.  C.  Hughes,  his  proctor,  and  makes  claim  for 
said  schooner,  her  boats,  tackle,  apparel,  furniture  and 
cargo,  on  behalf  of  the  owners  thereof,  and  makes  appli- 
cation for  the  appointment  of  appraisers  to  appraise  said 
schooner,  her  boats,  tackle,  apparel,  furniture  and  cargo. 
And  thereupon  C.  S.  Jolinson,  appearing  for  the  United 
States,  and  E.  C.  Hughe.s,   Esq.,   appearing  on  behalf  of 

losaid  claimant,  and  in  open  Couit  consenting  thereto: 

It  is  hereby  ordered  by  the  Court  that  K.  W.  Beasley, 
Ed.  de  Groflf  and  W.  R.  Mills,  be  and  they  are  hereby  ap- 
pointed as  appraisers  to  appraise  the  said  schooner,  her 
boats,  tackle,  apparel,  furniture  and  cargo,  and  make  re- 
turn thereof  to  this  Court.  And  it  is  furtlier  ordered  by 
the  Court  that  upon  the  giving  of  a  bond  duly  conditioned 
in  the  penal  sum  equal  to  the  amount  of  said  a|)praised 
value,  with  sureties  to  be  appioved  by  the  Couit,  the  said 
schooner,  her  boats,  tackle,  apparel,    fiirnituie  and  cargo 

20 be  discharged. 

WARREN  TRUITT, 

Judge. 

Be   it    further   lemembered   that  on   the  2nth   day   of 
August,  18!»L',  a  monition  was  issued  in  said  cau^e,  which 
is  in  words  and  figures  following,  to  wit: 
In   the   District  Court  of  tbe  United  States  for  th»{  Dis- 
trict of  Alaska. 
The  United  States 

30  vs. 

The  Schooner    "Winifred,"  her  boats, 

tackle,  apparel,  fnrniture  and  cargo,  j 
The  President  of  the  United  States  of  America,  to  the 
Marshal  of  the  District  of  Alaska,  Gieeting: 
Whereas  a  libel  of  Infoiniation  has  been  tiled  in  the 
above  District  Court,  by  United  States  Attorney  C.  S. 
.lobnson,  on  behalf  of  the  United  States  and  against  the 
sciiooner  "Winifred,"  her  boats,  takle,  appare!,  furniture 
and  cargo,  and  alleges  in  substance: 

40  'J'hat  Washington  C.  Coulson.  a  Captain  in  tbe  Revenue 
Marine  Service,  duly  Connnissioned  by  the  President  of 
the  United  States  and  then  and  there  commanding  the 
United  States  Revenue  Cutter  "Rush,"  on  duty  in  the 
waters  of  Alaska,  and  duly  authorized  in  tlie  premises 
heretofore  on  or  about  the  2nth  day  of  July,  ls!»:>,  near 
Aniak  Island  in  Bebring  Sea,  latitude  '>!>"  -I'l'  4.'>"  north, 
longitude  U'>;'>"  :!;■>'  west,  within  the  District  of  Alaska,  and 
within  the  jurisdiction  of  this  Court,  on  waters  navigable 
fi'om  tbe  sea,  by  vessels  of  ten  or  more  tons  burden,  seized 

50lhe  ship  or  vessel,  connnonly  called  a  sciiooner  and  known 
as  the  "  Winifred,"  her  boats,  tackle,  apparel,  furniture 
and  cargo,  and  turned  the  same  over  to  the  Collector  of 
Customs,  for  tbe  port  of  Sitka,  in  the  District  of  Alaska, 
where  they  now  are,  said  vessel,  her  boats,  tackle,  apparel, 
furniture  and  cargo,  being  the  proi)eity  of  William  Henry 
Dyer  and  Robert  Sharp  of  Victoria,  in  British  Columbia, 
said  owners  not  being  citizens  of  the  United  States,  as 
forfeited  to  tbe  United  States  for  the  following  among 
other  causes: 
°  1st.  That  on  or  about  the  "JOtli  day  of  June,  within  tbe 
limits  of  the  United  States,  within  the  limits  of  the  Alaska 
collection  District  and  within  the  waters  thereof,  within 
four  leagues  of  the  ct)ast  of  said  District  of  Alaska,  and 
within  the  jurisdiction  of  this  Court,  to  wit:  At  or  near 
the  Island  of  Afognak,  there  was  unladen  from  the  British 


!?•'•,•  i 


m 


cHl 


^tiii! 


M3S 

(Exhibit  No.  lit  U.  S.) 

schooner  '*  Libbie,''  one  sack  of  potatoes,  from  the  British 
schooner  "  Venture  "  ten  bags  of  salt  and  a  large  quantity 
of  coal  and  from  the  British  steamer  "Coquitlan,"  one 
case  of  corned  beef.  That  each  of  said  vessels  so  unload- 
ing said  merchandise,  were  from  a  foreign  port,  were 
laden  with  merchandise,  were  bound  for  the  United 
States,  and  were,  on  or  about  the  19th  day  of  June,  1802, 

10  anchored  in  the  Bay  of  Tonki  in  said  Island  of  Afognak, 
and  in  said  collection  district  of  Alaska. 

None  of  said  vessels  at  the  time  of  unlading  said  mer- 
chandise had  come  to  the  proper  place  for  discharge 
their  cargo,  or  any  part  thereof,  nor  had  any  of  them  been 
authorized  by  the  proper  officer  of  the  Customs  of  said 
District,  to  unlade  the  same,  and  said  unlading  was  not 
made  necessary  l)y  any  unavoidable  accident,  :iecessity  or 
distress.  That  all  of  said  merchandise  so  unladen  was 
then   and   there   put    and    received    into    said    schooner 

20  "  Winifred,"  with  the  knowledge  and  consent  of  one  (t. 
M.  0.  Hansen,  who  was  then  and  thme  master  of  said 
vessel  and  contiary  to  Sections  2f«i7  and  ^scs  of  the  Re- 
vised Statutes  of  the  L'nited  States. 

2nd.  That  said  schooner  "  AVinifred  "  is  a  foreign  vessel, 
owned  in  Victoria,  in  British  Columbia,  as  hereinbefore 
des^cribed;  that  said  vessel  on  the  2oth  day  of  February. 
1S92,  cleared  from  the  foivign  port  of  Victoria,  British 
Coiunil)ia,  having  on  board  "ballast  and  stores";  that  on 
or  about  the  i:'>th  day  of  June,  ]Sl»2,  said  vessel,  so  laden, 

30arrived  in  wateis  of  the  United  States,  from  said  foreign 
territory,  adjacent  to  the  northwestern  frontier  of  the 
United  States,  t(^  wit,  in  a  small  bay  called  Tonki.  in  the 
island  of  Afognak,  said  island  bring  the  property  and  do- 
main of  the  United  States,  and  lying  adjaci-nt  to  the  main 
land  of  the  Teriitory  of  Alaska,  within  the  collection  Dis- 
trict of  Alaska,  and  within  the  juriuliction  of  this  Court, 
and  come  to  anchor  within  said  bay; 

That  at  the  times  complained  of  herein  G.  M.  O.  Hansen 
was  the  master  and  in  charge  of  said   schooner   ''Wini- 

40fred'';  that  said  master  di<l  not  report  at  the  oflice  of  the 
Collector  or  Deputy  Collector  of  Cnston)s  for  said  District 
of  Ali)ska.  Nor  did  be  obtain  or  receive  a  special  permit 
from  any  Collector  or  Deputy  Collector  to  proceed  fur- 
ther inland  or  to  unlade  or  take  in  cargo.  Yet  said  vessel, 
on  or  about  the  I'oth  day  of  June,  ISit-j,  within  said  Tonki 
bay,  within  the  collection  district  of  .Alaska,  within  the 
waters  of  the  United  Stales,  and  within  the  jurisdiction 
of  this  Court,  did  unlade  a  part  ot  her  caigo.  to  wit,  one 
hundred  fur   seal  skins  and  moie  to  the  British  schooner 

50  "  Favorite"  or  some  other  f(»reign  vessel,  and  did  then  and 
there  receive  and  take  in  from  the  .schooner  "  Lihbie"  and 
"  A't'iitiiiv."  and  (idin  the  ^^te.inier  "  Coquitlam  "  a  large 
amomit  of  merchandise,  consisting  of  salt,  coal,  corned 
beef,  etc.,  all  contiary  to  Section  ;'.ln:i  of  the  Revised  Sta- 
tues of  the  United  States. 

Now,  on  this  J',<th  day  of  August,  Imil',  comes  C,  S. 
Johnson,  United  States  District  Attorney,  and  tiles  a  libel 
of  information  against  the  schooner  "'  Winifred,"  her 
boats,  tackle,  apparel,  furniture   .and    caigo.  ■and    against 

^'0[\\]  persons  inteivening  for  their  interest  therein  in  a  cause 
of  forfeiture  for  violation  of  Sections  2>>»ii'  and  I'.loii  of  the 
Revised  Statutes  of  the  United  States. 

It  is  therefore  ordered  that  the  Clerk  of  this  Cotu't  issue 
the  usual  process  and  monition  and  a  writ  of  attaclunent 
directed    to    the  Marshal  of   said  district,   returnable   on 


i 


;?30 


^msr 


(Exhibit  No.  lit  U.  S.) 

Wednesday,  the  22nd  day  of  September,  1892,  at  10  o'clock 
A.  M,,  directing  and  commanding  him  to  make  seizure  and 
take  into  his  possession  the  said  schooner  "Winifred," 
her  boats,  tackle,  apparel,  furniture  and  cargo. 

It  is  further  ordered  by  the  Court  that  OrvilleT.  Porter, 
United  States  Marslial,  cause  due  notice  of  said  seizure  to 
be  made  and  given,  and  also  of  the  information  on  file,  by 
locausing  the  substance  of  said  information  and  the  order  ilf 
the  Court  thereon  setting  fortli  the  time  and  place  ap- 
pointed for  trial  to  be  published  in  the  Afnshi  Herald,  a 
newspaper  of  general  circulation,  ]trinted  and  published  at 
Sitka  in  said  district,  and  to  post  up  the  same  in  the  most 
public  place  for  a  period  of  four  weeks,  and  that  the  time 
and  place  of  trial  is  hereby  fixed  at  the  City  of  Sitka,  on 
the  22nd  day  of  September,  \s\\->. 

You  are  therefore  hereby  commanded  to  attach  the  said 
schooner  "  Winifred."' her  boats,  tackle,  apparel,  furniture 
20 and  cargo,  to  detain  the  same  in  your  custody  until  the 
furtlier  order  of  tlie  Court  respecting  the  same,  and  give 
notice  to  all  persons  claiming  the  same,  or  knowing,  or 
having  anything  to  say.  why  the  same  sliould  not  be  con- 
demned and  sold  pursuant  to  the  piayer  of  said  libel  of 
information,  tiiat  they  be  and  api)ear  before  said  Court 
to  be  held  in  and  for  the  District  of  Alaska,  at  Sitka,  on 
the  22n(l  day  of  September,  l.S!i2,  at  lo  o'clock  in  the  fore- 
noon of  the  same  day,  if  the  same  shall  he  a  day  of  juris- 
diction, otherwise  on  the  next  day  of  Jurisdiction  there- 
30 .after,  then  t.nd  there  lointeri)()so  aclaim  for  the  same,  and 
make  their  allegations  in  that  behalf,  and  what  yon  shall 
have  done  in  tlie  premises,  do  you  then  and  there  make 
return  thereof  together  with  tliis  writ. 

Witness  the  Hon.  Warren  Tmitt,  Judge  of  the  said 
Court,  and  the  seal  thertot'  alitixed  at  the  City  of  Sitka, 
in  the  District  of  Alaska,  this  2otli  day  of  August,  1s1)l>, 
and  of  the  Independence  of  the  United  States  the  one 
hundred  and  seventeenth. 

X.  R.  PEClvlXPAUGH, 
40  Clerk  U.  S.  Dist.  Court. 

liy  A.  A.  Meyer, 

Deputy. 
IvIaksh.ai/s  Retckx. 
United  States,  District  of  Alaska,  ss. : 

Be  it  remembei'od  that  in  obedience  to  the  annexed 
monition,  I  have  attached  the  schooner  "  Winifred,"  lier 
boats,  tackle,  apparel,  furniture  and  cargo,  and  now  hold 
thesame  in  my  possession  subject  to  tiio  order  of  this 
Honorable  Court. 
5°  And  in  obedience  to  the  order  of  the  Court  made  and 
entered  in  said  cause,  I  gave  due  notice  of  tiie  pending 
of  saidliltelof  information  by  publication  of  the  within 
notice  of  seizure  for  four  weeks  successively  in  the  Alashi 
Herald,  a  newspapei'  of  general  circulation,  printed  and 
published  at  Sitka,  in  said  District,  and  posting  up  the 
same  in  front  of  the  Custom  House  at  Sitka,  in  said  Dis- 
trict, for  the  same  period,  a  copy  of  s.iid  notice  is  hereto 
attached  and  made  a  part  of  this  retui'u,  and  I  herewith 
,  return  this  wiit  dulv  executed. 
''°  ^  ORMLLE 

U.  S.  Marshal 
Sitka,  Alaska,  September  •_'2.  lsii:>. 
(Endorsed)  -No.    lU:.  -In    U.   S.    Dist.   Court  District  of 
Alaska.-The  United  States  r-s.  Schooner  "  Winifred." 
— Monition.  -  Hetnriied  and  Polled  September  22,  l."^!>2. 
— N.  R,  I'eckinpaugb,  Clei'k. 


T.  PORTER, 

Dist.  of  Alaska. 


t/fi'-. 


34ti 


I 


■■if 


m 


rExhibit  No.  lit  U.  S.) 

Mahshai/si  Notice  ok  Seizukk. 
In  tht'  District  Court  of  the  United  States  for  the  Dis- 
trict of  Alaska. 
Whereas  a  lihel  of  infoiination  has  been  filed  in  the 
above  District  Court  by  United  States  Attoiney  C.  S.  John- 
son, on  behalf  of  the  United  States  and  against  the 
schooner  "Winifred,"  her- boats,  tackle,  apparel,  furniture 

'°and  cargo,  and  alleges  in  substance: 

That  Washington  C.  ('oulson,  a  Captain  in  the  Kevenue 
Marine  Sei-vice,  duly  conunissioned  by  the  President  of 
the  United  States,  and  then  and  there  commanding  tlie 
United  States  Revenue  Cutter  "Hush."  on  duty  in  the 
waters  of  Alaska,  anil  duly  authorized  in  the  ]U'emises 
lieretofore  on  or  aliout  the  lit'.th  day  of  July,  lSi»2,  near 
Amak  Island,  in  Beiiring  Sea.  latitude  ."»r)°  :i:i' 4.">"  north, 
longitude  HM°  H.".  west,  within  the  District  of  Alaska,  and 
within  the  jurisdiction  of  this  Court,  on  waters  navigable 

^°froin  tlie  sea  by  vessels  of  ten  or  moie  tons  burden,  seized 
the  ship  or  vessel,  commonly  called  a  schooner,  and  known 
as  the  "  Winifred,"  her  boats,  tackle,  apparel,  furniture 
and  cargo,  and  turned  the  same  over  to  the  Collector  of 
Customs  for  the  port  of  Sitka,  in  the  District  of  Alaska, 
wheie  they  now  are,  said  vessel,  her  boats,  tackle,  apparel, 
furniture  and  cargo  being  the  property  of  William  Henry 
Dyer  and  Robert  Shaip,  of  Victoria,  in  Britisii  Columbia, 
said  owners  not  being  citizens  of  the  Unite<l  States,  as 
forfeited  to  thn  United  States  for  the  following  among 

3°(ither  caiises: 

1st. — That  on  or  about  the  :iotli  day  of  June,  within  the 
limits  of  the  United  States,  within  the  limitsof  the  Alaska 
Collection  District,  and  within  the  waters  thereof,  within 
four  leagues  of  the  coast  of  said  District  of  Alaska,  and 
within  the  juiisdiction  of  this  Court,  to  wit:  At  or  near 
the  island  of  Afognak  there  was  unladen  from  the  British 
schooner  "  Libbie  "  one  sack  of  potatoes,  from  the  British 
schooner  "  Ventuie'"  ten  bags  of  salt  and  a  large  quantity 
iif  coal,  and  from  the  British  steamer  "  Coquitlam  *'  one 

4*^(336  of  corned  beef.  That  each  of  said  vessels  so  unlading 
^;aid  merchandise,  were  from  a  foreign  port,  were  laden 
with  merchandise,  were  bound  for  the  United  States,  and 
were,  on  or  about  the  l!»th  day  of  June,  IS'.t^,  anchored  in 
the  Bay  of  Tonki,  in  said  Island  of  Afognak,  and  in  said 
Collection  District  of  Alaska.  None  of  said  vessels  at  the 
time  of  unlading  said  merchandise  bad  come  to  tlie  proper 
place  for  discharge  their  cargo,  or  any  part  thereof. 
Nor  had  any  of  them  been  authorized  by  the  jnoper  officer 
of  the  Customs  of  said  District  to  unlade  the  same,  and 

5°  said  unlading  was  lutt  made  necessary  by  any  unavoidable 
accident,  necessity  or  distiess.  That  all  of  said  merchan- 
dize so  unladen  was  then  and  there  put  and  received  into 
said  schooner  "  Winifred,"  with  the  knowledge  and  crn- 
^ent  of  one  (J.  M.  ().  Hansen,  who  was  then  and  there 
master  of  said  vessel,  and  contrarv  to  Sections  :istl7  and 
2«(>s  of  the  Revised  Statutes  of  the  United  States. 

:ind.  That  said  Schooner  "  Winifred  "'  is  a  foreign  vessel, 
owned  in  Vict(  via,  in  Britisn  Columbia  as  hereinbefore  de- 
scribed, that  said  vessel  on  the  I'litb  day  of  February  IS'.ti, 

""^'(•leared  from  tlic  foreign  port  of  Victoria,  British  C'olum- 
hia,  bavingdu  board  •'  ballast  and  stores,"  that  on  or  about 
the  i:')tli  day  of  June,  Ishl',  said  vessel  so  laden  ariived  in 
waters  of  the  United  States,  from  said  foreign  territory, 
adjacent  to  the  northwestern  frontier  of  the  United  States. 
to-\vit:  In  a  siiiall  bay  called  Tonki.  in  the  Island  of  Afog- 


^41 


"WP! 


(Exhibit  No.  1!»  I'.  S.) 

nak  said  island  beiii^:  the  proju'ity  and  doniain  of  the 
United  States,  and  lying  adjacent  to  the  main  land  of  the 
Territory  of  Alaska,  within  tlie  collection  District  of 
Alaska,  and  within  the  jinisdicti<in  of  this  Court  and  come 
to  anchor  within  said  hay. 

That  at  the  times  complained  of  herein  G.  M.  O.  Han- 
sen was  the  master  and  in  charge  of  said  schooner  "  VVin- 

loifred."  That  said  master  did  not  lepoit  at  the  office  of 
the  Collector  or  dejmty  Collector  of  Custon)s  for  said  Dis- 
trict of  Alaska.  Nor  did  ho  obtain  or  receive  a  special  per- 
mit from  any  collector  or  deputy  Collector  to  proceed  fur- 
ther inland  or  to  unlade  or  take  in  caigo.  Yet  said  vessel 
on  or  about  the  :ioth  day  of  June  ]s<t-2,  within  said  Tonki 
Bay,  within  the  collection  district  of  Alaska,  within  the 
waters  of  the  United  States,  and  within  '.he  jurisdiction 
of  this  Court,  did  unlade  a  pait  of  her  cargo,  to -wit:  One 
hundred  fur  seal  skins  to  the  British  schooner  "Favorite"' 

20 or  some  other  foreign  vessel,  and  did  then  and  there  re- 
ceive and  take  in  from  the  schooner  "Libbie"  and  "Ven- 
ture," and  from  the  steamer  "  Coquitlam."  a  large  amount 
of  n)erchandise,  consisting  of  salt,  coal,  corned  beef,  iScc., 
all  contrarj-  to  section  Hli»!t  of  the  Revised  Statutes  of  the 
United  States. 

Now  on  this  J!>th  day  of  August  ls!t2,  comes  C.  S.  John- 
son, United  States  District  Attorney,  and  files  a  libel  of 
information  against  the  schooner  "Winifred,"  her  boats, 
tackle,  apparel,  furniture  and  cargo,  jind  against  all  per- 

30 sons  intervening  for  their  interest  therein  in  a  cause  of 
forfeiture  for  violation  of  Sections  2S(;7  and  Blo!»  of  the 
Revised  Statutes  of  the  United  States. 

It  is  therefore  ordered  that  the  Clerk  of  this  Court  issue 
the  usual  process  and  monition  and  a  writ  of  attachment 
directed  to  the  Marshal  of  said  District  returnable  on 
Wednesday  theii2nd  day  of  September  ls!)2.  at  lo  o'clock 
A.  M.,  directing  and  commanding  him  to  make  seizure  and 
take  into  his  possession  the  said  schooner  "  VV^inifred,"  her 
boats,  tackle,  apparel,  furnituie  and  cargo. 

40  It  is  further  ordered  by  the  Court  that  OrvilleT.  Porter, 
United  States  Marshal,  cause  duo  notice  of  said  seizure  to 
be  made  and  given  and  also  of  the  information  on  file,  by 
causing  the  substance  of  said  information  and  the  order 
of  the  Court  thereon  setting  forth  the  time  and  place  ap- 
pointed for  trial  to  be  published  in  the  Alaska  Herahl, 
a  newspaper  of  general  circulation,  printed  and  published 
at  Sitka  in  said  District,  and  to  post  U|>  the  same  in  the 
most  public  place  for  a  period  of  foui'  weeks,  and  that  the 
time  and  place  of  trial  is  hereby  fixed  at  the  city  of  Sitka, 

soon  the  22nd  day  of  September,' ls'.i2. 

Now,  thei'efore,  in  jtursuance  of  this  monition  issued 
under  seal  of  said  Court,  to  me  directed  and  delivered  and 
in  accordance  with  the  order  of  said  Court,  I  do  hereby 
give  public  notice  to  all  persons  claiming  the  schooner 
"  Winifred,"  boats,  tackle,  apparel,  furniture  and  cargo, 
or  in  any  maimer  interested  therein,  tha'^  they  be  and  ap- 
pear befoie  the  said  District  Court  at  Sitka,  on  the  22nd 
day  of  September,  1S!»2,  at  the  hour  of  ten  o'clock  in  the 
forenoon  of  said  day,  then  and   there  to  interpose  their 

60  claims  and  make  their  allegations  in  that  behalf. 

ORVILLE  T.  PORTER, 
United  States  Marshall. 
By  A.  A.  Meyer, 
Deputy. 
Dated  this  20th  day  of  August,  1892. 


m 


■U2 


m 


(Exhibit  No.  lit  U.  J^.) 

And  on  Hopt.  22(1,  a  stipulation  to  take  testimony  vvas 
filed  in  said  (;ause,  which  is  in  words  and  figures  follow- 
ing, to  wit: 

In  tho  Uniti'd  States  District  Court  for  the  District  of 

Alaska. 

The  United  States  ") 

,0  rs.  I  No.  34.5. 

The    schooner    "' VVinified,"  her  boats,  f  Stipulation, 
tackle,  api»arel.  furniture  and  cargo.     J 

Wliereas,  in  this  cause  the  defendant  was  requiiod  to 
appear  and  answer  the  libel  of  information  filed  herein, 
on  tho  22nd  day  of  September,  1S!>2;  and, 

Wliereas,  defendant  is  not  ready  for  trial,  but  desires 
said  cause  continued  for  the  purpose  of  taking  testimony; 
and, 
Whereas,  plaintiff  has  present  and  ready  to  testify  in 
20  said  cause  a  number  of  witnesses,  including  the  crew  of 
said  schooner  "  Winifred,"  all  of  whom  are  non-residents 
of  the  District  of  Alaska,  and  about  to  depart  therefrom; 

It  is  hereby  stipulated  and  agreed  by  and  between  the 
parties  hereto  that  the  testimony  of  such  witnesses  as 
plaintiff  nuiy  produce  may  be  summarily  taken  and  re- 
duced to  writing  in  the  form  of  depositions,  by  the  Hon. 
R.  C.  Rogeis,  United  States  Commissioner  for  said  Dis- 
trict, at  Sitka.  Alaska.  That  the  taking  of  such  testi- 
mony shall  begin  on  the  2oth  day  of  September,  1SI»2,  or 
30 as  soon  thereafter  as  the  U.  S.  Commissioner  can  act  in 
that  behalf,  and  shall  be  continued  from  day  to  day  until 
the  same  is  completed,  and  when  so  completed  shall  be 
returned  to  the  Clerk  of  this  Court  at  Sitka,  Alaska. 

All  objections  to  the  manner  of  taking  and  returning 
said  testimony  are  hereby  waived,  but  objections  to  the 
competency  and  materiality  of  the  same  are  not  waived. 

C.  S.  JOHNSON, 

U.  S.  Atty.  for  Plaintiff. 
Hughes,  Hastings  &  Stedman,  Proctors  for  Claimant, 
4oChas.  Spring. 

I  hereby  approve  the  foregoing  stipuliition.  Done  in 
Chambers,  at  Sitka,  Alaska,  September,  18!>2. 

WARREN  TRUITT, 

U.  S.  Pist.  Judge. 
(Endorsed)— No.    345.— In   U.    S.    Dist.   Court.— Dist.   of 
Alaska. — United  States  vs.  schooner  "Winifred." — 
Stipulation  to  take  testimony. -Filed  Sept.  22, 1892.— 
N.  R.  Peckinpaugh,  Clerk. 

'  And  on  October  3,  1S!>2,  the  following  further  proceed- 
ings were  had  and  appear  of  record  in  said  cause,  which 
are  in  words  and  figures  following,  to  wit: 

United  States  1 

Schooner  "  Winifred,"  her  boats,  tackle,  \  ^^-  ^■*^- 
apparel,  furniture  and  cargo.  ) 

Comes  now  the  parties,  and  it  being  suggested,  that 
F.  P.  Dewees,  Esq.,  is  of  Counsel  for  plaintiff, 
^     It  is  ordered,  that  he  be  entered  of  record  as  such  at- 
torney in  said  cause. 

Form  No.  9. 


»4H 


mw 


Exhibit  A. 


(Exhibit  No.  lit  U.  S.) 
Okutificate  ok  British  Registry, 

Particulars  of  Ship. 


Official  Number  of  Hhii),  77,i>7-.'.  Name  of  Ship,  "  Wini- 
fred." No.  Dato  and  Port  of  Uejiistiv.  No.  it,  13th 
Nov.,  187l>.  Victoria,  B.  C.  No.  Date  and  Port  of  nre- 
vions  Regiatry,  None.  Foreign  Built.  VVliether  a  Sailing 
lOor  Steam  Ship.  Sails.  Where  bnilt.  Whatcom,  Washing- 
ton Terr.  When  bnilt,  lst!!t.  Name  and  Address  of 
builders,  Unknown. 


Niiiiibor  of  IlFckii. .  .  .One 
Niiinlx'i'  lif  Mnsts. . .  Two 

Rig^sd ...   ScliooniT 

Sttrn. ...    Hoiind 

Build t'nivcl 

Onllvriei Nom; 

Heiid ...    Ktiiiiglit 

^"  FrnriU'Wdik Wood 


T.i'iiKlli  finni  foi'p  |init  of  stem, 
under  lliu  b(>\va|ii'il.  to  tliti 
nft  Hide  of  llii'  livad  of  tlie 
Hlcrn  post   

Mnin  lircndlli  of  outside  of 
pliink 

Di'iitli  in  liold  from  t(>nnni;v 
pi'clj   to  ccilirii;  nnndsliips. 

ni'ptli  in  liold  IVoin  upper  dfck 
to  ci-!lin);iit  MiidsliipH,  in  the 
case  of  sliips  of  three  decks 
and  upwariin 


Foot.  Tentln. 

42 

IH  7 

4  r> 


Particulars  of  Tonnage. 


(iro8»  Tounaijp. 

In  Uegistered 
Tons. 

30  Tnder  Tonnago  Deck 10.40 

Olojed-in    spaces  above    the 
Tonnage  Deck 2  66 

Gross  Tonnage IS.O.I 

Deductions,  as  per  Contra. . .  Nil. 

Registered  Tonn«xo 13.05 


Deductions  Allowed. 


Nil. 


Total  Deductions. 


Nil. 


I,  the  undersigned  Registrar  of  Shipping  at  the  Port  of  Victoria,  B.  C,  hereby 
certify  that  the  ship,  the  description  of  winch  is  prefixed  to  this  my  certificate, 
has  been  didy  surveyed,  and  that  the  above  description  is  true;  that  William 
40  Henry  Dyer  whose  certificate  of  Competency  or  Service  is  No.  8,677  is  Master  of 
the  paid  ship;  and  that  the  names,  residence  and  description  of  owners  and 
number  of  Sixty-fourth  Sliares  held  by  them  are  as  follows: 

Name,  Residence  and  Occupation  of  Owner No.  of  «4tli  Shares. 

William  Henry  Dyer,  Pandora  St.,  B.  I   Pilot 1        Thirty -Two. 

Robert  Sharp,  Saanich  Rd. ,  B.  I.  Pilot j        Thirty  Two. 

Dated  at  Victoria,  B.  C,  the  l?.th  day  of  November,  one 
i:o  thousand  eight  hundred  and  seventy-nine. 
^  ^  H.  HAMLEY, 

Registrar  of  Shipping. 

N.  B.  Indorsements  of  changes  of  Owners  and  Masters 
must  be  made  as  directed  by  the  Instructions  to  Registrars 
and  will  follow  here: 

John  I.  Steele  is  this  day  appointed  Master  of  the  withm 

named  ship. 

^  W.  HAMLEY. 

I  hereby  certify  that  Gnstave  M.  O.  Hansen  has  been 

6o appointed'  master  of  the  within  named  Schr.  "  Winifred" 

of  this  Port.     Dated  at  the  Custom  House,  Victoria,  B.  C. 

Feb.  20th.  1892. 

J.  C.  NEW^BURY. 

Act'g.  Reg. 

North.  N.  E.  of Id. 

June.  11.  1892. 


344 

(Kxliibit  No.  litU.  S.) 

I  certify  that  I  h.ivo  tliis  day  hoarilpfl  iind  dolivored  to 
tliia  vessel  n  cojiy  of  tlic  I'roclamatioii  of  tlu'  Prcnident  of 
the  United  States,  a  copy  of  the  Artiitiation  hetween  the 
United  States  and  Great  Britain,  a  copy  of  tlie  British  seal 
flsheiy,  Beln'in({  Sea  Act,  and  a  copy  of  tlie  instruct  ions 
of  tlie  Honorable  Secretary  of  the  Treasury  to  (he  Senior 
Officer  Coinn)andinK  U.  S.  Naval  Forces  in  Behrin^  Sea, 
loand  have  warned  the  iMaster  not  to  entei-  the  i)rohihited 
waters  of  Beluing  sea,  upon  pain  of  seizure. 

J.  K.  l{KiNBUHG 
June  It;.     U.  S.  ]i.  S. 
U.S.  S.  "Rusli," 
To.NKi  II.XKBOH.  2ist.  June.  lw-2. 
Warned  again. 

A.  H.  CiAKXMO  \V.  M 

Lieutenant. 

H.  M.  S.  '-Daphne." 

^°  Exhibit  B. 

(Canadian  foreign  seagoing  or  Canadian  iiome-tradeship.) 

AOHEEMKNT  AND   ACCOUNT  OK  ClJKW. 


30 


40 


Name  u!  Sljip. 

Otfiolnl 
No. 

Poll  of 
Regislry. 

Vicloriii,  11. 1'. 

I'oii  No.  A  dull- 
of  Hi'iii-lir. 

Ui'ijis 

I.Tcd 

Ton- 

Man'j;  Ownur. 
Name.    Address, 

77!i72 

«i,'i'. 

C.  Sprini;. 
Vicloiift,  11.  C. 

Winifred. 

No.  '.)  in  IS"'.). 

I» 

Ma«tkr. 

Nmiio. 
0.  M.  0.  Hnnst 

Address. 

iiicnt,  liicdiiding  Niiniu  of  Sliippin;;  Ottico. 

n. 

Vietdiin,  li.  C. 

Cnsloni  Honsc,  Vicloriii.  li.  ('.,  Feb.  2ii.  18!I2. 

Scale  of  ju'ovisions  to  be 
allowed  and  served  out  to 
the  crew. 


50 


The  several  ])eisons  whose 
names  are  hereto  s  u  b  - 
scribed,  and  whcse  descrip- 
tions are  contained  within 
and   of   whom  are 

engaged  as  sailors,  hereby 
agree  to  serve  on  board  the 
said  ship  in  the  several  ca- 
pacities ex|)ressed  against 
their  respective  names,  on 
a  voyage  from  Victoiia. 
B.  C,  on  a  general  hunting 
and  sealing  voyage  in  the 
North  Pacific  Ocean,  voy- 
aging to  and  fro  as  the  Master  may  direct.  No  money 
advanced  after  commencement  of  voyage.  And  no  dis- 
6q charge  to  be  claimed  by  any  of  the  crew  until  the  termi- 
nation of  voyage  at  the  close  of  the  season,  the  discharge 
can  only  be  claimed  at  Victoria,  B.  C.  Voyage  not  to 
exceed  12  calendar  months.  And  the  said  crew  agree 
to  conduct  themselves  in  an  orderly,  faithful,  honest  and 
sober  manner,  and  to  be  at  all  times  diligent  in  their  le- 


As  under. 


Sufficient  without  waste. 


No  spirits  allowed. 


a. 


84S 

(Exhibit  No.  U»  U.  8.) 

spective  duties,  ami  to  be  obedient  to  the  lawful  coin* 
inandH  of  the  naid  Master,  or  any  person  who  shall 
lawfully;  succeed  him,  and  of  their  superior  otflcere  in 
everytliing  relating  to  said  ship  and  the  stores  and  cargo 
thereof,  w-nether  on  board,  in  boats,  or  on  shore;  in  con- 
sideration of  which  services,  to  be  duly  performed,  the 
said  Master  hereby  agrees  to  pay  to  the  said  crew  as  wages 

ID  the  sums  against  their  names  respectivdy  expressed,  and 
to  supply  them  with  provisions  according  to  t\w  above 
scale:  And  it  is  hei-eby  agrt^ed  that  any  embez/lemeiit  or 
willful  negligent  destruction  of  any  part  of  the  ship's 
cargo  or  sttMes  shall  be  made  good  to  the  owiiui  out  of  trie 
wages  of  the  person  guilty  of  tht-  same:  And  if  any 
person  enters  himself  as  qualified  for  duly,  which  he 
proves  himself  incompetent  to  perform,  his  wages  shall  be 
reduced  in  proportion  to  hisiiuompetency:  And  it  is  also 
agreed,  that  the  regulations  which,  in  tlii'  papers  annexed 

20 hereto,  are  numbered  :{,  are  adopted  by  the  paities  hereto, 
and  shall  be  considered  as  emboditnl  in  this  agreement: 
And  it  is  also  agreed  that  if  any  member  of  the  crew 
consideis  himself  to  be  aggrieved  by  any  breach  of  this 
agreement  or  otherwise,  be  shall  represent  the  same  to  the 
Master  or  Officer  in  charge  of  the  ship  in  a  (piiet  and 
orderly  manner,  who  sliall  thereupon  tal<e  such  steps  as 
the  case  may  require. 

And  it  is  also  agreed  that  all  the  seamen,  whether  on 
the  lay  or  wages,  shall  be  bound  to  perform  all  work  in 

30  navigating  the  vessel  and  all  other  necessary  work  on 
board,  in  boats  or  on  shore:  Any  of  the  same  causing 
any  detention  or  loss  by  neglect,  insubordination  or  inca- 
pacity, will  pay  such  loss  out  of  his  wages  or  share. 

In  witness  whereof,  the  said  paities  have  subscribed 
t'vii  names  hereto,  on  the  days  against  their  respective 
bignatures  mentioned.     Signed  by,  Gustavo  M.  (>.  Han- 
sen, Master,  on  the  2(ith  day  of  Pebiy.  isjt^. 
i  CusiomA  of  Canada.  ) 
I        Feb.  20,  1 «!»!'.        V 

40  (      Victoria,  B.  V.      ] 


Refer- 
ence 
No. 


SIgnnturo  nf  Crew. 


Ouslave  M.  0.  Hansen. 

W.  M.  (ieddcs 

Henry  Terclie 

jT.  .1.  Lindsay 

I  Will.  Kerr 

1).  rijier 

[Conc  Neilsin 

diaries  Norsleii 

Juneiili  Hutching 


.\gc-. 


S3 
36 
30 
2li 
28 
31 
2f) 
S-. 


Ship  in  which 
lie  last  served. 


Laurn. 

Thermoiiylea. 
Thiitle. 
First  Sliip. 
r.ouis  Olsen. 
l.onis  Ol.si'n. 
Winifred, 
ticnevii. 
Boriatei!. 


Date  and  Place  of 
Joining  the  Ship. 


20/2/92  Victoria. 
20/  2/92        do. 
20/2/92        do. 
20/2/92        do. 
20/2}  112        do. 

4/3  92  Ucluth. 

4/3/92      do. 

4/3/92      do. 


In  what 
Capacity. 

Time   at 
which  he 
is  to  be  on 
board. 

Amount  ofwiigea  per  calendar  month, 
Share  or  Voyage. 

j 

Ami. 

Wgg.  ad- 

v'n'cd  on 

entry. 

60 

1 

2 
3 
4 

6 
6 
7 
8 
.     9 

Mate 

Hunter 

do 

A.  B 

A.B  

Cook*  Sfd. 

A.B 

Hunter 

22/2/92 

22/2/9 i 

22/2/92 

22/2/92 

22/2/92 

4/3/92 

4/3/92 

4/8/92 

$35.00,  2.'ic.  per  siiin  caiiglit  mi  stern  boat. 

live  lay  caught  by  himself, 
do.                           do. 
tSO.OO,  2Bc.  per  skin  caught  in  his  boat. 
♦SO. 00,  25c.          do.                       do. 
♦60.00. 
♦36.00,  26c.  nf  seals  caught  in  his  boat. 

four  lay  caught  by  iiim^elf. 

♦  40  00 

60  Oil 

60  Oil 

j        30  00 

1        30  Oil 



I 


346 

(Exhibit  No.  19  U.  S.> 

Shipping  Master's  or  Witness'  Signature  for  Nos.  1,  2,  '^, 
4,  5,  6.  W.  P.  for  Nos.  7,  8  and  l>.  G.  M.  O.  Hansen, 
Master,  and  Win.  M.  Geddes,  Mate. 

Custom  House,  Victoria,  B.  C,  Feb.  20,  1S92. 

I  hereby  certify  that  I  have  sanctioned  the  engagement 

of  G.  M.  b.  Hansen,  W.  M.  Geddes,  H.  Terche,  T.  J.  Lind- 

josay,  W.  Kerr,  L.  Poper,  upon  the  terms  written  in  the 

within  agreement.     That  the  same  has  been  read  over  to 

them  and  thev  have  signed  their  names  in  my  presence. 

W.  PETHERICK. 

( Customs,  Canada,  1  per  Slilppiug  Master. 

\      Feb.  20,  1892.       -  t  I  f      ir> 

(    Victorin.    B.   C.    ) 


M 


20 


Exhibit  C. 

DOMINION  OF  CANADA. 
Bill  op  Health. 
Custom  House,  Port  of  Victoria,  B.  C. 
To  all  wJioiii  these  pveseiifs  shall  come: 

Whereas  the  schooner  "  Winifred  "  of  Victoria,  B.  C, 
of  which  G.  M  O.  Hansjen  is  master,  is  now  readj-  to  de- 
part from  the  port  of — for  North  Pacific  Ocean  and 
other  places  beyond  the  sea,  with  ti  persons  including  the 
master  of  the  said  vessel: 

I  therefore,  by  these  presents,  do  make  known  and  cer- 
tify that  no  plague,  or  any  other  dangerous  contagious 
30  disease,  at  present  exists  in  said  port. 

Given  under  my  hand  and  seal  of  office,  this  20th  day 
of  Febiuary,  1892. 


Customs  of  Canada.  J 
Feb.  20..  1892. 
Victoria,  B.  C.       ) 


J.  NEWBURY. 

Collector  of  Customs. 


Exhibit  D. 
4°  Port  of  Victokia,  B.  C.  2oth  Feb.,  is'ta. 

These  are  to  certify,  to  all  whom  it  may  concern,  that 
G.  M.  O.  Hansen,  master  of  the  schooner  "  Winifred,"  13 
tons  burthen,  navigated  with  six  men.  built  and  bound  for 
North  Pacific  Ocean,  having  on  board  Balast  and  stores 
and  Hunting  Outfit  hath  here  entered  and  cleared  his  said 
vessel  accoi'ding  to  law. 

Given  under  my  Hand,  at  the  Custom  House  at  tlie  Port 
of  Victoria,  in  the  Province  of  British  Columbia,  this  20th 
day  of  February  one  thousand  eight  hundred  and  ninety- 
50  two. 


Clearance. 


{Customs  of  Canada. 
Feb.  20,  1892. 
Victoria,  B.  C. 


J. 


\ 


NEWBURY, 

Collector. 


60 


Exhibit  E.  No.  fi7. 

DOMINION  OF  CANADA. 

Coasting  License. 
For  the  Vear  18iU-2. 
To  all  whom  it  ma//  concern: 

This  license  is  granted  to  G.  M.  0.  Hansen,  of  Victoria, 
B.  C.,  Master  of  the  Schooner  "Winifred,"  of  Victoria, 
B.  C,    IS  Tons  burden,  British,  registered  and   wholly 


347 


IW' 


lO 


(Exhibit  No.  19  U.  S.) 

owned  by  Britislj  subjects,  to  employ  the  said  vessel  to 
cany  goods,  always  subject  to  entry  or  cleaiance,  con- 
formably with  the  coasting  regulations  of  the  Dominion 
of  Canada. 
Given  under  my  hand  this  -'0th  day  of  February,  1892. 

J.  NEWBURY, 

Collector. 

i  Customs  of  CriihcIs, 
■]       Fol).  2(1,  189a. 
I      Victorifl,  B.  C. 

Port  of  Victoria,  B.  C. 
This  license  expires  on  3(»th  day  t>f  June,  1892. 


Exhibit  F.  No 

Kkpokt  Outwards, 
Port  of  Victoria,  B.  C. 
20     Contents  in  the  schooner  "Winifred."  Registered  Ton- 
nage 13.     Registered  in  Port  of  Victoria,  B.  C.  with  six 
men,  G.  M.  O.  Hansen,  Master  for  this  present  voyage  for 
North  Pacific  Ocean. 

Cargo -Tons      Weight Tons  measurement. 

...Agent. 

Qiumfifij  and  Desnipthm  of  d'oods. 
Balast  and  stores  and  hunting  outfit. 
I,  Gustave  M.  O.  Hansen,  Master  of  the  vessel  above 
named,  do  declai'e  that  the  contents  above  written,  now 
^°  tendered  and  subscribed  by  me,  is  a  just  and  true  account 
of  all  the  goods  lade  i)n  board  my  vessel  for  the  present 
voyage,  and  the  names  of  the  respective  consignees  and 
shipper's  of  said  goods,  and  of  the  marks  and  numbers  of 
the  packages  containing  the  same. 

Signed  and  delivered  oef ore  me  at  the  Custom  House, 
Port  of  Victoria,  B.  C,  the  2()th  day  February,  1892. 
J.  NEWBURY, 
Collector. 
GUSTAVE  O.  M.  HANSEN, 

Master  or  purser. 
(Under  a  penalty  of  $400.00.) 

At  a  stated  term,  to  wit,  the  May  Term,  A.  D.  1892, 
of  the  District  Court  of  the  United  States  of 
America,  in  and  for  the  District  of  Alaska,  held 
in  the  Court  room,  in  the  town  of  Sitka,  on  Fri- 
day, the  20th  day  of  August,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
two. 

Present— The  Honorable  Warren  Truitt, 

Judge  U.  S.  District  Court. 

United  States 
vs. 
Schooner  "  Winifred,"  her  boats,  tackle, 
apparel,  furniture  and  cargo.  J 


40 


SO 


1 

i-No.  ;!45. 


It  is  further  ordered  by  the  Court  that  R.  C.  Rogers, 
Esq.,  be  and  he  is  hereby  appointed  a  Commissioner  to 
take  the  testimony  on  part  of  the  libelant  at  Sitka,  Alaska, 
^commencing  on  the  22d  day  of  September,  1892,  and  like- 
wise at  such  time  and  place  to  take  such  testimony  on  be- 
half of  the  claimants  as  they  may  produce. 

I  hereby  certify  that  tlie  foregoing  is  a  full,  true  and 
correct  copy  of  the  order  of  the  Court  entered  in  the  above 
entitled  cause. 


348 


10 


(Exhibit  No.  19  U.  S.) 

Attest  my  hand  and  seal  of  said  District  Court  this  12th 
day  of  September,  A.  D.  1892. 

N.  R.  PECKINPAUGH, 
[L.  s.]  Clerk. 

(Endorsed)— No.  345.— U.  S.  District  Court.— District  of 
Alaska.— United  States  vs.  Schooner  "  Winifred  "  et 
al. — Order  to  take  testimony. 


United  States  Court. 
United   States 

I'S. 


District  of  Alaska. 


■  No.  345. 


20 


Schooner  "Winifred,"  her  boats,  tackle, 
apparel,  furniture  and  cargo. 

By  virtue  of  the  order  hereto  annexed  and  made  a  part 
hereto,  and  by  the  authority  therein  given: 

Be  it  lemembered,  that  I,  K.  C.  Rogers,  the  Commis- 
sioner by  said  order  appointed  to  take  the  testimony  on 
the  part  of  the  libellant  in  said  above  named  suit,  and 
likewise  such  testimony  on  behalf  of  the  claimants  as  they 
may  produce,  did  cause  to  come  before  me  at  the  Court 
Room  of  fiaid  United  States  District  Court,  at  Sitka, 
Alaska,  District  of  Alaska,  on  the  22d  day  of  September, 
1892,  that  being  the  day  appoiuted  by  said  order  to  com- 
mence the  taking  of  said  testimony,  between  the  hours  of 
9  o'clock  A.  M.  and  5  o'clock  p.  M.  of  that  day  the  follow- 
ing persons,  to  wit:  F.  G  Dodge,  E.  T.  Hatch,  C.L. Hooper, 
W.  Kerr,  D.  Pii)er,  C.  Nordland,  C.  Neilson,  to  be  exam- 
^°ined  as  witnesses  in  a  cause  now  pending  in  the  said  Dis- 
trict Court,  wherein  tlie  United  States  is  plaintiff  and  the 
steamer  "  Winifred,"'  her  tackle,  cargo,  etc.,  is  defendant. 
And  not  being  able  to  complete  the  taking  of  testimony 
on  that  day  by  reason  of  the  number  of  witnesses,  and  the 
length  of  deposition  of  each  of  the  same,  I  did  adjourn 
the  further  taking  of  the  same  until  and  inclusive  of  the 
23d  day  of  September,  1892.  and  at  that  later  date  the 
same  was  concluded. 


40 


And  the  said  Fked  D.  Dodge,  of  lawful  age,  and  sworn 
to  testify  the  whole  truth,  deposeth  and  saith : 

Q.  State  your  name  and  occupation?  A.  Fred  CI. 
Dodge,  third  lieutenant.  United  States  Revenue  Service. 

Q.  As  such  officer,  where  wee  you  doing  duty  on  or 
about  the  2(ith  day  of  July  1892?  A.  On  the  United 
States  revenue  cutter  "  Rush.' 

Q.  Did  you  see  the  schooner 
that  date,  and,  if  so,  where < 


called  the  "  Winifred  "  on 
A.  I  did;  seventeen  miles 


50  from  Amak  Island  and  twenty  miles  from  False  Pass  in 
Behring  Sea. 
Q.  Did  you  board  said  vessel  on  that  date?  A.  I  did. 
Q.  By  whose  order  and  for  what  purposed  A.  By  the 
order  of  the  Captain,  W.  C.  Coulsen,  commanding  the 
United  States  revenue  cutter  "  Kush,''  for  the  purpose  of 
ascertaining  her  business  in  Behring  Sea,  and  whether  she 
i>ad  been  sealing  in  prohibited  waters. 

Q.  What    w!is  done,  if  anything,    with   the   "  Wini- 
fred "  i)y  Captain  Coulsen  i    A.  Slie  was  seized  for  viola- 
Ciotion  of  the  Diodiis  n'vendt,  and  I  was  placed  in  charge  of 
her  and  was  towed  into  Onalaska. 

Q.  After  reaching  Onalaska  what  further  acts  of  seiz- 
ure, if  any,  were  done  by  Captain  Coulsen? 

Objecicd  to  as  incompetent  and  not  the  best  evi- 
dence. 


;5-l-!) 


~ww 


lie   had  received  any 
Bav,  from  any  otlier 


(Exhibit  No.  19  U.  S.) 

A.  She  was  detained  there  till  the  arrival  of  Capt. 
Evan,  Senior  Naval  Officei'  of  the  Fleet,  and  after  the 
consultation  with  Capt.  Evan  and  the  Senior  Naval  Offi- 
cer of  the  American  Squadron,  and  also  with  the  Senior 
Officer  of  the  British  Squadron,  and  Capt.  C.  L.  Hooper, 
of  the  United  States  Revenue  Cutter  "Corwin,"  it  was 
deteimined  to  seize  her  for  violation  of  the  United  States 
«o Revenue  Law. 

Q.  Was  sVie  so  seized? 

Same  objection  as  above. 
A.  She  was. 

(,i    By  whom?    A.  By  Capt.  \V.  C.  Coulsen,  Commander 
of  United  States  Revenue  Cutter  '"  Rush," 

';    Do  yoii   know   (J.    M.    ().    Hansen,    Master  of    the 
"Wmifred"?    A.  I  do. 

Q.  Did  vou  have  any  conveisation   with  him  in  refer- 
ence to  leceiving  stores  or  shipping  seal  skins  during  tlie 
20  voyage  on  whidi  he  was  seized? 

Objected  to  as  immaterial,  irrelevant,  and  too  in- 
definite. 
A.  I  did,  and  he  informed  me  he   had  transferred  one 
hundred  seal  skins  to  another  vessel,  to  be  sent  below. 

Q.  Did  he  state  when  or  where  he  had  transferred  those 
skins?    A.  In  Tonki  Bay. 

Q.  Did  he   state  the  name  of  the  vessel  to  which  the 
ti'ansfer  was  made? 

Same  objection  as  last  above. 
30     A.  He  did  not. 

Q.   Did  he  state  whether  oi'  not 
stores  or  provisions  whilst  in  Toiiki 
vessel. 

Same  objection  as  above. 
A.  He  did  not. 
g.   Where  is  Tonki  Bay? 

Objected  to  as   immaterial,  and   not  the  best  evi- 
dence. 
A.  On  the  Island  of  Afognak,  which  is  situated  in  the 
40  North  Pacific  Ocean  adjacent  to  the  Territory  of  Alaska, 
and  the  Island  of  Kodiak  separated  from  the  Island  of 
Kodiak  by  a  narrow  pass  three-quarters  of  a  mile  wide. 

Q.  After  the  seizure  of  the  "Winifred"'  for  violation 
of  the  Revenue  law,  what  was  done  with  her? 

Objected  to  as   not  the  best  evidence,  witness  not 
having  shown  himself  competent  to  testify. 
A.  She  was  sent  to  Sitka  in  charge  of  an  officer  of  the 
United  States  Steamer  "  Albatros,"  there  to  be  tried. 
Cross  KXAMiNATioN. 
50     g.   Will  you  please  locate  Tonki  Bay,  with  reference  to 
its  position  and  the  coast  of  Afognac  Island? 
Question  waived. 
Q.  Where  did  you  have  the   conversation  v.'ith  Captain 
Hansen  witii   reference  to  the   transferring  of   the  seal 
skins,    testified   in  your  direct-e.xamination?      A.  In   the 
Cabin  of  the  "Winifred." 

Q.  In  whose  pre.sence?  A.  In  the  presence  of  1st  Lieut. 
F.  H.  Newcomb,  of  the  United  States  Revenue  Cutter 
"  Rush,"  and  several  of  tiie  crew  of  the  "  Winifred." 

Sworn  to  and  subscribed  before  me  in  the  day  and  at  the 
place  and  between  the  hours  aforesaid. 

F.  G.   DODUE, 

;5d  Lieut.  U.  S.  R.  M. 
R.  C.  ROGERS, 

U.  S.  Commissioner. 


;'.5(i 


fi! 


20 


(Exhibit  No.  It)  U.  S.) 

And  the  said  E.  T.  Hatch,  of  lawful  ai^e.  and  sworn  to 
testify  the  whole  truth,  deposeth  and  saith: 

Q.  State  your  name,  residence  and  official  position?  A. 
Edwit  T.  Hatch;  Sitka,  Alaska;  Ccdiector  of  Customs 
for  District  of  Alaska. 

Q.  As  such  Collector,  did  you  receive  into  your  custody 
the  schooner  called  the  "  Winifred'"?    A    1  did. 
10     y.  When?    A.  On  the  liith  day  of  August,  lS!t2. 

Cj>.  Fiom  whom  did  you  leceive  her?  A.  Captain  Tan- 
ner of  the  "  Alliatros."' 

EDWIN  T.  HATCH, 
Collector  of  Customs,  District  of  Alaska. 
Sworn  to  and  suhncrihed  before  me  in  the  day  and  at 
th(^  place,  and  between  the  hours  aforesaid. 

K.  C.   ROGERS, 

U.  S.  Commissioner. 

A  recess  by  af^reenient  of  respective  counsels  until  1.30 
p.  M,,  this  day. 

Resumed  examination  at  l.:>o  i'.  M. 

And  the  said  C.  L.  Hoopei:  of  lawful  age,  and  sworn  to 
testify  the  whole  tiuth,  deposeth  and  .saith: 

Q.  State  your  name  and  oUKcial  position?  A.  C.  L. 
Hooper,  Captain  of  the  United  States  Revenue  Marine 
Service. 

Q.  Do  you  know  the  Schooner  called  the  *'  Winifred  "  ? 
A.  I  do. 
30     Q.  Weie  you  on  board  said  vessel  on  or  about  the  20th 
day  of  July  last? 

Objected  to  as  nn material. 
A.   I  was  not.  I  was  on  l)oard  on  or  about  the  22d  of 
July. 

C^).  At  that  time  did  you  examine  the  papers  and  log 
book  belongiu};'  to  said  vessel? 

Same  objection  as  last  above. 
A.  I  examined  her  log  book  only.     I  think  her  other 
papers  had  been  taken  out  i)reviously. 
40     Q.  Did  you  subsequently  examine  her  papers?    A.  x  "' 
both  prior  and  subsequent  with  Captain  Coulsen  on  board 
the  "Rush." 

Q.  Captain  will  you  examine  the  log  book  and  papers 
now  submitted  to  you,  and  say  whether  they  are  the  log 
book  and  paper.s  heretofore  exatnined  by  you  as  above 
stated,  and  being  the  property  found  on  board  the 
schooner  "  Winified.'' 

Objected  to  as  incompetent,  and  immaterial,  and  for 
the  further  reason  that  the  witness   has   not  shown 
50         himself  qualified  to  testify. 

A.  I  have  examined  the  log  book  and  papers,  and  iden- 
tify them  fully  as  the  papers  of  the  "  Winifred."' 

Q.  Please  give  the  name  of  each  book  and  paper  to  the 
reporter,  and  have  the  same  marked  exhibits  beginning 
with  A  and  contiiuiing  alphabetically? 
Same  objection  as  last  above. 
Exhibit  A,  Certificate  of  British  Registry. 

"       B,  Agreement  of  articles  and  account  of 
crew. 
C,  Bill  of  health. 
"       D,  Clearance. 
"       E,  Coasting  license. 
"       F,  Report  outwards. 
"      G.  Official  Log  Book. 
"      H,  Ma8ter"8  log  book. 


60 


«smii«ii!P*^«^mPiPV< 


^PPW 


;^5i 


:-1' 


I 


(Exhibit  No.  1!>  U,  S.) 

Plaijitiff  offeis  in  evideiico  all  tlie  alxne  exhibits,  except 
Exhihit  H,  Arnstei's  J^og  Book.  Of  E.xhihit  H.  Master's 
Log  B()ol<,  plaintiff  offers  in  evidence  all  entries  made  in 
the  same,  between  the  dates  of  .June  8,  Is'L'.  and  June  :i4, 
IHS^L',  the  same  aie  introduced  subject  to  the  objections 
of  the  defendant. 

The  defendant  obj<>cts  to  the  introduction  of  said 
10         exhibits  for  the  reason   that  they  are  immaterial,  in- 
competent, no   sufficient   fomulntion   laid,  therefore, 
and  not  having  been  suHicientlv  identihed. 
y.  Please  rend  to  tlu>  reporter  the  second  paragraph  in 
tiie  entry  under  date  June  i'l>,  1s!(l>,  from  exhibit  H,  Mas- 
ter's log  book. 

Same   ol)jection  as  last  above.     The  paper  siieak.s 
for  itself.  '    '         ' 

A.  Brought  the  skins  on  board  the  "  Favorite." 
t^.  State  tlie  general  ajipearanco  of  the  entrv  just  read? 
20  A.   It  appears  to  have  l)een  partly  erased. 

Q.  Was  the  entry  in  its  present  condition  when  you  fii'st 
saw  it? 

Same  objection  as  last  above. 
A.  It  was  not  the  writing  was  plain  and  clear. 
Q.  Do  you  know  when  and  bv  whom  the  partial  eras- 
ure was  done?    A.  I  did  not  see  it  done. 
Q.   When  did  you  first  discover  the  partial  erasure^ 

Same  objection  as  last  above. 
A.  After  reading  the  entry  and  calling  Cai)t.  Coulson's 
SOattention  to  it.  I  went  on  deck,  leaving  Capt.  Coulson  and 
Capt.  Hansen  in  the  cabin  of  the  -'Winifred,"  a  few 
moments  later  Capt.  Coulsen  came  on  deck  with  the  log 
hook,  and  called  my  attention  to  the  partial  erasure,  and 
we  left  the  vessel  together  at  that  time. 
Ckoss-kxamination. 

Q.  Will  you  please  give  the  full  particulars  occurring  at, 
and  leading  up  to,  the  production  of  exhibit  H  to  vou  and 
Captain  Coulson?  A.  In  examining  the  papers  of  the 
"Winifred"'  in  company  of  Captain  Coulson,  the  ab- 
4  sence  of  a  log-book  or  record  of  the  vessel's  movements 
was  commented  upon,  and  it  was  decided  that  Capt. 
Coulson  and  myself  would  visit  the  "Winifred."  We 
went  on  board  and  asked  Capt.  Hansen  if  he  did  not  have 
a  master's  log  or  journal,  kept  by  himself,  as  his  official 
log  did  not  show  the  movements  of  his  vessel.  In  answer 
to  that  inquiry  Captain  Hansen  produced  what  has  been 
here  identified  as  the  Master's  log. 

Q.   Was   this  all   the  conversation   between    you   and 
Capt.  Hansen,  occurring  at  the  time,  and  prior  to  its  pro- 
Seduction?    A.   I  do  not  think  of  anvthingmore. 

Q.  What  was  done  with  the  crew  of  the  "  Winifred," 
including  the  master,  subsequent  to  the  seizure?  A.  I  do 
not  know.     I  had  nothing  to  do  with  the  seizure. 

Q.  Is  it  not  true  that  Captain  and  crew  of  the  "Wini- 
fred "  were  kept  separately  and  not  allowed  to  communi- 
cate with  one  another,  suhsequentlv  to  the  seizure,  and 
prior  to  her  arriving  in  Sitka?     A.  I  do  not  know. 

y.  Calling  your  attention  to  the  entrv  under  date  of 
June  22.  ],sttL>,  in  exhihit  H,  did  you  see  the  erasure  made 
^yourself?    A.  I  did  not. 

Plaintiff  furtiier  offers  in  evidence  the  statement  under 
date  July  2:5,  l.S!t2,  and  found  in  Master's  log,  exhibit  H, 
immediately  following  log  entry  of  July  12th,  and  below 
which  are  signed  tiie  names  G.   M.   O.   Hansen  and  the 


i' 


(Exhibit  Xo.  1'.'  U.  S.) 
as  w  itnt'sses  W.  C.  Coiil.son  and  Frank  H.  New- 


names 

comb. 

Defendant 
proof  to  the 
been  offered. 


objects  as  inooni|»etont,  immaterial,  no 
genuineness  of  the  signatures,    having 


10 


30 


C.  L.  HOOPER, 
Captain  U.  S.  K.  M. 
Sworn  to  and  sul)S(ril)ed  before  me  in  tiie  day  and  at 
the  place,  and  between  the  lionrs  aforesaid. 

It.  C.  ROGERS, 

.U.  S.  Commissioner. 
Adjourned  at  recpiest  of  the  respective  counsels  until 
September  I'lid,  ]S!»l',  at  !•  -\.  .M. 

Met  the  '2!?d  day  of  September,  \s>)-2,  at  !»  A.  .M.,  pursu- 
ant to  agreement. 

Parties  all  present. 
20     And  the  said  \Vii,t,i.\M  Kkkk,  of  lawful  age,  and  sworn 
to  testify  the  whole  trutii,  deposetli  and  saith: 

Q.  State  \'our  name  and  occupation.  A.  William  Keri", 
seaman. 

Q.  VViiere  were  yon  and  w  hat  were  you  doing  the 
month  of  June,  isii:?^  A.  I  was  on  board  the  "VVini- 
fred,"  taking  seals  in  the  North  Pacific  Ocean. 

i}.   Were  you  on  board  the  "Winifred"  when  she  was 
boarded  by  the  otticeis  of  tlie  Revenue  Cutter  "Rush"? 
Objected  to  as  innnaterial. 
A,   Yes. 

Q.  Where  did  the  "Winifred"  go  soon  after  she  was 
boardoiH 

Same  objection  as  above. 
A.  We  did  not  go  anywhere. 
Q.   Where  did  the  vessel  go  during  the  next  few  days? 

Same  objection  as  last  above. 
A.   We  went  into  some  harbor  being  short  of  water. 
Q.  Do  you  know  the   harbor  called   Tonki   Bay?    A.  I 
was  told  it  was  Tonki  Bay,  could  not  swear  to  it. 
^"     Q.   When  you  entered  the  haibor  you  speak  of,  which 
you  were  told  was  Tonki  Bay,  did  the  "  Winifred  "  have 
any  seal  skins  on  board { 

Objected  to  as  innnaterial,  incompetent  and  assum- 
ing something  not  in  evidence. 
A.   Yes;  I  believe  they  did. 

Q.  What,  if  anything,  did  you  do  with  the  seal  skins 
while  in  that  harbor; 

Same  objection  as  last  above. 
A.  I  rolled  the  skins,  put  them  in  sacks,  and  left  them 
5°in  the  hold. 

Q.  By  whose  orders? 

Same  objection  as  last  above. 
A.   By  the  Cai)tain's. 

Q.  State  as  nearly  as  you  can  how  many  skins  you 
rolled  in  sacks? 

Same  objection  as  last  above. 
A.  Something  over  a  hundred. 

Q.  After  sacking  these  skins,  did  you  again  see  the 
eack.s,  or  sacks  containing  skins? 

Same  objection  as  last  above. 
A.  \'es;  the  sacks,  but  not  the  skins. 
Q.  Where? 

Same  objection  as  last  above. 
A.  I  saw    them  in  the   hold;    they   were  there  for  a 
couple  of  days. 


60 


868 


■nw» 


(Exhibit  No.  19  U.  S.) 

Q.  State  if  you  know  whether  thev  were  aftei-wards 
taken  out  of  the  hold? 

Same  objection  as  last  above. 
A.  Yes;  they  were  afterwards  taken  out  of  the  hold. 
Q.  By  whom,  and  by  whose  order,  if  anyone's? 

Same  objection  as  to  last  above,  and  as  hearsay. 
A.  I  guess,  there  were  three  of   us  engaged  at  it  by  the 
lo  Captain's  order. 

Q.  Who  were  the  three? 

Same  objection  as  last  above, 
A.   Myself,  Charlie  Nollan,  Dave  Piper. 
Q.   What  did  you  do  with  them? 

Same  objection  as  to  last  above. 
A.  They  were  placed  in  a  boat,  that  is  the  sacks. 
Q.  What  further  was  done  with  them? 

Same  objection  as  to  last  above. 
A.  We  took  them  over  and  cast  them  on  the  deck  of  the 
20"  Favorite." 

Q.  State  if  you  know  whether  anything  else? 

Question  waived. 
Q.  Did  the  "  Winifred  "  while  in  the  harbor  refersed  to, 
receive  anything  from  any  other  vessel  to  your  knowledge? 
Same  objection  as  to  above. 
A.  Yes.  we  got  two  sacks  of  jiotatoes  as  a  present. 
Q.  From  what  vessel? 

Same  objection  as  to  above. 
A.  From  the  schooner  "Venture." 
30     Q.  Did  the  "  Winifred  "  receive  anything  else  while  in 
said  bay,  if  so  what? 

Same  objection  as  to  above. 
A.  I  could  not  say,  being  engaged  in  watering  the  vessel. 
Q.  How  long  were  you  in  this  bay? 
Same  objection  as  to  last  above. 
A.   I  could  not  say,  could  not  swear,  toiiovv  long. 
Q.  State  if  you  know  whether  the  schooner  "  Venture  " 
is  an  iVmerican  or  an  English  vessel? 

Objection  same  as  above  and  as  not  the  best  evi- 
40         dence. 

A.  I  guess  she  had  B.  C.  on  her  stern,  but  1  was  not 
([uite  sure. 

Q.  State  if  you  know  whetlier  the  schooner  "  Favor- 
ite"  is  an  American  or  British  vessel? 
Same  objection  as  to  above. 
A.  It  is  a  British  vessel. 
Cross-examination: 

Q.  Were   the  skins  seized  on  l)oard    the    "Winifred'" 
taken  before  or  after  the   L'oth    day  of  June.    lS!t2?    A. 
50  Afterwards  they  were  taken. 

Q.  At  tlie  time  of  the  seizure  of  the  "  Winifred,"  did 
you  iiave  on  board  any  seal  skins  that  were  (m  board  said 
vessel  on  or  prior  to  June  iilst,  lsit2?  A.  1  could  not  say. 
1  never  kept  no  dates. 

Q.  Were  the  skins  on  board  tlie  "  Winifred  "  at  the  time 
(if  the  seizure  on  board  of  said  vessel  before  the  time  that 
you  received  the  potatoes  fiorti  the  "  Ventiiie'"?  A.  I 
could  not  say. 

Q.  At  the  time  that  you  went  into  the  l)ay  mentioned 
^^o  in  your  direct  examination  did  you  go  there  to  get  a  supply 
of  fresh  water?    A.  Yes. 
Q.  Was  this  supply  of  fresh  water  ne<'essary?     A.  Yes 
().   At   the   time  that   you   received   the  two  sacks  of 
potatoes  from  the  "  Venture."  wer<'  you  in   need   of  the 
potatoes  as  provisions  for  the  crew? 
Plaintiff  objects  as  immaterial. 


8M 


i 


;!{: 


(Exhibit  No.  1!)  U.  S.) 

A.  Yes,  we  had  not  had  any  for  over  a  week. 
Q.  After  the  "  Winifred  "  was  seized,  what  was  done 
with  you  by  the  officers  of  the   "  Rush"?     A.  We  were 
kept  close  prisoners  and  transferred  on  board  the  "  Alba- 
tros." 

Q.  Were  you  allowed  to  communicate  with  the  master 
of  the  "  Winifred  "  during  this  time! 
10  Objected  to  by  plaintiff  as  immaterial. 

A.  We  were  not  allowed  to  speak  to  them  on  board  the 
"  Albatros." 

Q.  Did  the  officers  of  the  ''Rush  ''  exact  of  you  an  af- 
fidavit pertaining  to  youv  connection  with  the  "  Wini- 
fred"? 

Objected  to  by  plaintiff  as  immaterial. 
A.  Yes,  the  Captain  of  the   "Rush"  said  he  was  au- 
thorized by  the  two  senior  officers  of  the  port,  to  put  us 
under  oatli,  and  ask  us  some  questions. 
20     Q.  Was  it  under  these  conditions,   that  you  gave  the 
affidavit  referred  to?    A.  Yes 

WM.  KERR, 
Seaman. 
Sworn  to  and  subscribed  before  me  in  the  day  and  at  the 
place,  and  between  the  hours  aforesaid. 

R    C.  ROGERS, 

U.  S.  Commissioner. 

And  the  said  David  Pipek,  of  lawful  age  and  sworn  to 
30  testify  the  whole  truth,  deposeth  and  saith: 

Q.  State  your  name  and  occupation^  A.  David  Piper, 
seaman . 

Q.  Were  you  employed  on  board  the  schooner  '"  Wini- 
fred" during  the  month  of  June,  lS!»-2?    A.  Yes. 
Q.  Do  you  know  the  harbor  called  Tonki  Bay? 

Objected  to  as  immaterial. 
A.  I  was  told  it  was. 

Q.  Was  the  "Winifred"  in  the  bay  you  refer  to  in 
June  last?    A.  Yes. 
40     Q.  Were  there  any  seal  skins  on  boiird  at  that  time,  if  so 
state  how  many? 

Objected  to  as  immaterial  and  incompetent. 
A.  One  hundred  or  more. 

Q.  State,  if  you  know,  what  was  done  with  tliem  while 
the  "  Winifred  '"  was  in  that  bay? 

Same  objection  as  to  last  above. 
A.  Thoy  weie  rolled  up  and  put  into  sacks. 
Q.  What  was  done  with  them  after  they  were  put  into 
sacks? 
50  Objection  same  as  to  above. 

A.  They  were  put  into  the  hold. 
Q.   What  was  next  done  with  them? 

Same  objection. 
A.  There  were  sacks  of  all  kinds  down  there,  salt  sacks, 
etc.     I  don't  know  what  was  done  with  them. 

Q.  Did  you  help  take  any  sacks  containing  skins  out  of 
the  "  Winifred,"  and  convey  them  to  any  other  vessel? 
Same  objection,  and  as  leading. 
A.  I  passed  sacks  on  deck,  but  did  not  carry  any. 
60     Q.  Did  you  see  what  was  done  with  the  sacks  you  passed 
on  deck  referred  to?    A.  No,  sir. 

Q.  Were  the  sacks  you  passed  on  deck,  empty ^  A. 
Half  full,  I  should  say. 

Q.  Were  they  the  same  kind  of  sacks  into  which  you 
had  helped  put  the  seal  skins? 

Objected  to  as  immaterial  and  incompetent. 


355 


'TWS'^ 


A, 


(Exhibit  No.  1»  U.  S.) 
They  looked  liko  them  but  could   not  swear  to  it. 


Q.  To  the  best  of  your  knowledge  and  belief,  did  the 
sacks  referred  to  by  you  as  having  been  passed  on  deck, 
contain  seal  skins? 

Objected  to.    Immaterial  and  incompetent.    Calling 
for  the  belief  and  opinion  of  the  witness. 
A.  Salt  sacks  and  them  look  so  much  alike  when  sacked 
«Oup. 

Q.  To  the  best  of  your  knowledge  and  belief,  did  the 
sacks  referred  to  contain  salt:! 

Same  objection  as  to  last  above. 
A.  No,  they  did  not  contain  salt. 

Q.  From  your  knowledge  of  the  weight  of  seal  skins 
and  from  your  knowledge  obtained  in  sacking  seal  skins 
at  Tonki  Bay,  and  from  having  passed  the  sacks  referred 
to,  out  of  the  hold,  state  to  the  best  of  your  judgment, 
what  they  contained? 
20  Same  objection  as  last. 

A.  I  suppose  they  contained  skins. 
Q.  Were  these  sacks,  to  your  knowledge,  afterward  re- 
turned to  the  bold?    A.  Not  to  my  knowledge. 
Crossexamixation: 

Q.  At  the  time  that  the  "  Winifred  "  was  in  Tonki  Bay 
as  referred  to  in  your  direct  examination,  was  she  in  need 
of  a  supply  of  fresh  water?    A.  Yes. 

Q.  Did  she  lay  in  a  supply  of  fresh   water  there?    A. 
Yes. 
3       Q.  Was  the  supply  necessary?    A.  Yes. 

Q.  Was  the  supply   of   provisions  of  the  "  Winifred  " 
at  that  time  insufflcient?    A.  I  knew  we  had  no  potatoes. 
Q.  What  was  done  with  you  by  the    officers  of  the 
"  Rush  "  after  the  seizure  of  the  "  Winifred"? 
Objected  to  by  the  plaintiff  as  immaterial. 
A.  To  consider  ourselves  under  arrest. 
Q.  Did  they  state  to  you  the  grounds  of  arrest? 

Objected  to  as  immaterial,  impi-oper  examination. 
A.  For  being  in  the  Behrmg  Sea. 

Q.  What  was  done  with  you  after  your  arrival  in  Sitka, 
after  the  seizure? 

Same  objection  as  to  last  above. 
A.  We  were  fetched  up  before  Mr.  Johnson. 
Q.  After  your  arrival  in  Sitka,  were  you  given  your  full 
liberty? 

Same  objection  as  last  above. 
A.  Not  for  three  or  four  days. 

Q.  After  the  seizure  of  the  "  Winifred  "  did  the  Captain 
.    of  the  "Rush"  exact  from  you  any  affidavit  relating  to 
^   your  connection  vvith  the  "  Winifred"  similar  to  the  one 
now  before  the  District  Attoineyi 

Same  objection  as  to  last  above,  and  further  assum- 
ing a  state  of  facts  to  exist  not  proven. 
A.  He  said  he  was  authorized  by  the  two  senior  officers 
to  take  our  affidavits. 

Q.  Did  he,  in  fact,  take  this  affidavit?  A.  Yes,  sir;  lie 
did. 

DAVID  PIPER, 
Seaman. 
Sworn  to  and  subscribed  before  me  on  the  day  and  at 
the  place  and  between  the  hours  aforesaid. 

R.  C.  ROGERS, 

U.  S.  Commissioner. 
On  motion  of  proctor  H.  A.  Hassings  appearing  for  de- 
fendant, a  recess  taken  for  half  an  hour. 


40 


60 


m 


6m 


f' .      ( 


(Exhibit  Np.  lit  U.  S.) 

And  the  said  C.  Norlano,  of  lawful  ago,  and  sworn  to 
testify  the  whole  truth,  deposeth  and  saith: 

Q.  State  your  name  and  occupation?    A.  Cliarles  Nor- 
land.    Seanifin. 
Q.  Where  were  you  employed  in  June  last? 

Objected  to  as  immaterial 
A.  On  board  the  schooner  "  Winifred." 
10     Q.  Was  the  schooner  "  Winifred  "  in  a  harbor  or  bay 
during  that  month,  niid  if  so.  what  hay? 

Objected  to  as  innnaterial  and  too  indefinite. 
A.   Yes,  sir:  I  beard  the  name  was  Tonki  Bay,  but  I  am 
not  sure  of  it. 

().  While  in  said  bay  did  tlie  "  Winifred  "  transfer  any 
seal  si<ius  or  other  cargo  to  any  vessel? 
Objected  to  as  immaterial. 
A.   Yes,  sir. 

Q.   What  did  she  transfer? 
20  Objected  to  as  immaterial  and  for  further  reason 

the  witness  has  not  shown  liis  knowledge  of  the  trans- 
action. 
A.  Some  sacks  over  to  the  "  Favorite." 
(^.   How  many  facks? 

Same  objection  as  last  above. 
A.   I  don't  know  liow  many. 
Q.  Did  you  lu'lp  transfer  the  sacks?    A.  Yes,  sir. 
Q.   Wliat  was  in  the  sacks; 

Same  objectif)n  as  last  above. 
30     A.  I  think  it  was  seal  skins. 
Q.  About  bow  manyif 

Same  objection  as  above. 
A.  Something  over  a  imiidred. 

Q.  While  in  said  bay.  did  you  iielp  roll  and  sack  any 
seal  skins  belonging  to  the  *'  Winifred  "? 
Same  objection. 
No,  sir. 

While  the  "  Winifred "'  was  in  Tonki  Bay  did  she  re- 
ixny  stores  or  merchandise  from  any  other  vessel? 
Same  objection. 

Some  coal  and  some  salt  from  the  "Venture." 
Did  she  receive  any  other  merchandize? 
Same  objection. 

From  none  that  I  am  certain  of,  that  I  know  where 
it  came  from. 

Q.  Were  there  any  potatoes  or  corn  beef  received  by 
the  "  Winifred."  while  in  Tonki  Bay? 

Same  objection  as  last  above  and  as  leading. 
A.  I  .seen  some  on  boaid.  but  I  do  not   know  where  it 
50 came  from. 

O.  Wei e  the  potatoes  and  corn  beef  that  you  speak  of 
seeuig  on  board  tiie  "  Winifred  "  before  she  went  into 
Tonki  Bay? 

Same  objection  as  last  above. 
A.  Xo.  sir;  1  did  not  see  them  before. 
Q.   Was  the  British  schooner  '•  Libbie  "  in  the  bay  while 
you  were  there? 

Same  objection  as  to  the  last  above,   and  assuming 
■scjuietbing  not  in  evidence. 
60     A.    Yes,  sir. 

Q.   Was  the  British  steamer  "C'oquitlam"  in  Tonki  Bay 
while  the  "  Winifred  "  was  theie? 
Same  objection. 
A.   Yes,  sir. 


40 


A. 

Q 

ceive 
A. 

Q- 

A. 


'm^ 


•.i51 


(Exhibit  No.  l!»  U.  S.) 


Cross-examina  rioN 
tl  you  acius 
red  "  to  tilt' 


U.  Did  you  aciuailv  st'i 
"Winifn - 


81  r. 


any  skins  transfonod  from  the 
Favorite"  in  Tonki  Bay?    A.   Yes, 


Q.  At  tiie  time  that  the  "Winifred"  went  into  Tonki 
Hay,  was  her  necessary  snpj.ly  of  coal  and  salt  short? 

Objected  to  by  plaintiff  as  immatciial  and  improper 
10        course  of  examination. 
A.  I  don't  know 

Q.  At  the  time  ^iif  so  went  into  Tonki  Bay,  was  her 
supply  ot  fresh  water  short? 

Same  objection  as  last  altove. 
A.   Yes,  sir. 

Q.  Is  theru  an  opportunity  or  place  for  getting  fresh 
water  tor  the  use  of  ship,  on  or  near  the  shore  at  Tonki 
Btiy-?     A.  Yes.  sir. 
Q.  Did  the  "  Winifred."  at  the  time   referred   to,  get  a 
20supply  of  fresh  water,  at  such  placed     A.   Yes,  sir. 

Q.  Was  It  necessary  for  the  "Winifred"  to  go  to  this 
place  in  Tonki  Bay  at  the  time  referred  t(j,  in  this  exami- 
nation, to  got  a  sui)ply  of  fresh  water,  for  her  user  A. 
1  es,  sir. 

Q.  Might  not  the  coined  beef  and  potatoes  testified  by 
you  as  having  been  seen  on  board  the  "Winifred,"  been 
stored  in  the  hold  before  you  arrived  in  Tonki  Bay,  and 
you  had  not  have  seen  them?  A.  No.  sir;  not  the 
potatoes. 

30  (^.  W\as  the  coal,  salt,  corned  beef,  and  potatoes  so  re- 
ceived on  board  of  the  "  Winifred,"  used  thereon  for  the 
convenience  and  welfare  of  her  ciewj 

Objected  to  by  the  plaintiff  as  immaterial. 
A.  Yes.  her  fjotatoes  were. 

Q.  Was  not  the  corned  beef  so  used?    A.  Yes,  sir 
Q.  Was  not  the  coal  .so  used?     A.   Yes,  sir. 
Q.  And  also  the  salt?    A.  The  salt  was  to  salt  the  skins 
with. 

<^<.,9;.^I^^,*,!^''''*'  ^'^"ytlii'iff   I'aifl  to    the   Master    of    the 
40     Winifred"  or  other  person  for  the  above  articles?    A. 
I  don't  know. 

,.§•  y,!^''*^  ^^^•'*  *^'^"®   "''^'^  yo"  ''^'  the  officers  of  the 
Kush  '   after  the  seizure  of  the   "Winifred?"     \    We 
was  told  not  to  leave  the  "  Winifred?" 

Q.  Was  any  affidavit  exacted  from  you  by  the  Captaiu 
?..]'r"*' •.',,?''''   I'elating   with   yoi:r    connection   of   the 
Winifred  "  after  the  seizure? 

Objected  to  by  plaintiff  as  immaterial. 
A.  Yes,  sir. 
50     Q.  Is  the  affidavit  now  before  the  District  Attorney,  the 
one  referred  to  in  your  last  answer? 

Objected  to  by  plaintiff  as  immaterial  and  assuming 
a  stated  fact  to  exist  not  proven. 
A.  Yes,  I  think  so. 

Q.  Will  you  please  state  tlie  manner  and  condition 
under  which  this  affidavit  was  obtained. 
Objected  to  as  immaterial. 
A.  The  Captain  of  the  "  Rush  "  said  he  was  authorized 
by  the  two  Captains,  from  some  other  American  man  of 
"0  wars,  to  take  an  affidavit. 

p.  Did  not  the  Captain  tell  you,  at  the  time  you  made 
this  affidavit,  that  he  was  holding  Court?    A.  I  don't  re- 
member it. 
Q.  Is  it  not  true,  that  yesterday  afternoon,  before  this 


it  , 


1 

in 


(Exhibit  No.  l!»  l',  S.) 

uxniDiiiatioii  he^uii,  tliis  snin*>  attiduvit  \vu8  again  read  to 
yout 

Objwttion  as  to  last  alwve. 

A.   Yes,  sir;  it  is  tni»'. 

(,).  Is  it  not  truo  tiiat  your  tostimoiiy  here  to-day  is 
guided  by  what  was  irail  to  you  yesterday  from  a  reading 
of  this  artidavit< 
lo  Same  objection  as  last  above. 

A.   I  don't  i<no\v. 

(.}.  Is  it  not  true,  that  at  tlie  time  this  affidavit  was  read 
to  you  yesterday,  the  affidavit  sij^ned  by  WiUiam  Kerr, 
and  tl)e  one  sij^ned  liy  iJavid  I'iper.  witnesses  in  this  ex- 
amination, were  eacii  read  to  said  witnesses  respectively? 
(Jbjerted  to  by  plaintiff  as  immaterial. 

A.  Some  parts  of  it  was. 

K'KniKKlT-KXAMINATION: 

(}.  If  the  affidavit  in  (piestion  had  not  been  read  to  you 
20 yesterday   would   your  testimony  today   have  been  the 
same  that  it  now  isf 

(Jbjected  to  as  immaterial. 
A.  I  think  so,  sir. 

t^.  By  whose  older  were  the  seal  skins  referred  to  in 
your  cross-exaniination.  transferred  from  the  "  Winifred  " 
to  the  "  Favorite 'V 

Objected  to  as  immaterial,  and   incompetent  and 
hearsay. 
A.  Captain  of  the  "Winifred." 
3*^  Hec'uoss-kxamixation: 

Q.  After  your  airival  in  Sitka,  and  after  the  seizure, 
were  you  permitted  to  talk  with  Captain  Hansen,  and 
■were  you  allowed  your  full  liberty^ 
Objected  to  as  immaterial. 
A.  Yes.  sir,  after  we  came  to  Sitka, 
l^.  Were  you  allowed  to  talk  with  him  before  you  came 
to  Sitka? 

Same  objection  by  plaintiff  as  above. 
A.  No,  sir. 
40  CHARLES  NORRLIN, 

Seaman. 
Sworn  to  and  subscribed  before  ine  in  the  day  and  at 
the  place  and  between  the  hours  aforesaid. 

R.  C.  ROGERS, 

U.  S.  Commisioner. 
At  request  of  both  counsels,  took  a  recess  until  1.30  p.  m. 
And  the  said  C.  Neilson,  of  lav.  ful  age,  and  sworn  to 
testify  the  whole  truth,  deposeth  and  saith: 
50     Q-  State  your  name  and  occupation?    A.  Conrad  Neil- 
son,  cook. 

Q.  Where  were  you  employed  during  the  month  of  June 
last?    A.  Aboard  the  schooner  "Winifred." 

Q.  Was  the  schooner  "Winifred"  in  a  harbor  called 
Tonki  Bay  in  the  month  of  June  last? 
Objected  to  as  immaterial. 
A.  Yes,  I  was  told  that  was  the  name  of  the  place, 
y.  While  in  Tonki  Bay  did  the  "  Winifred  "  receive  on 
board  anjr  merchandise  or  stores? 
60  Objected  to  as  incompetent,  the  witness  not  having 

shown  his  knowledge  of  such  fact. 
A.  Yes,    the  Captain  was    made  a    present  of    some 
potatoes  and  some  coal. 

Q.  Is  that  all  the  merchandise  that  came  on  board  the 
"Winifred"  at  that  time,  to  your  knowledge?  A.  We 
got  a  few  onions. 


:!:.it 


(Exhihit  No.  1!>  U.  S.) 

y.  State  if  aiiythiiiy  clw,  that  came  oil  board  to  your 
kiK)\vl('(lf;<>. 

Saiiio  objection  as  last  above. 
A.   Not  as  I  kiKiw  of. 

t^.  Uo  you  know  fioni  wiu'it'  tiio  coal,  potatoes  and  coal 
came  fronii 

Same  objection  as  Jastabov:;. 
10     A.   We  i^oi  tlie  potatoes  and   coal    from    the  schooner 
"  Venture,"  and  the  onions  from  alongside  from  a  friend 
of  the  Captain's. 

Q  Do  you  know  whetlier  there  was  unladen  from  the 
sohooiiei'  "Winifred"  while  in  Tonki  Hay.  any  seal  skins 
oi'  cargo^ 

Objected  to  as  immaterial  and  in<()m|»etent. 
A.  No  [  do  not,  I  don't  thin":  (here  was. 
<.^.  Do  you   know  whether  there  were  any  seal  skins  on 
board  the  "  Winifred"  when  she  anchored  at  Tonki  Bay? 
20  Same  objection  as  above. 

A.   I  think  there  was. 

t^.  Do  you  know  about  how  many,  if  so  state?  A.  No, 
I  do  not  know. 

(^.   Do  you  know  whether  there  was  any  seal  skins  011 
board  the  "  Winifred"  when  she  left  Tonki  Bay? 
Same  objection  as  last  above. 
A.   I  don't  think  there  was.  but  I  couldn't  tell  for  siu'e. 
t^.   Do  you   know  whether  there  were  any  seal  skins 
rolled   and   sacked   on   board   the   "Winifred"  while  in 
30 Tonki  Bay' 

Objected  to  as  immaterial. 
A.  No,  sir. 
Choss-kx  .a  min  ation  : 

t^.  Did  the  schooner  "  Winifred  "  touch  at  any  place 
where  there  is  a  port  of  entry,  after  she  left  Tonki  Bay, 
and  up  till  the  time  she  was  .seized? 

Oltjected  to  bv  plaintiff  as  immaterial. 
A.  No.' 

Q.  Was  there  anything  paid  by  the  Master  of  the  "  Wini- 
40  f led  "  for  the  merchandise  and  stores  received  by  her  while 
at  Tonki  Bay?    A.  Not  as  I  know  of. 

Q.  Were  the  merchandise  and  stores  needed  by  the  crew 
of  the  "  Wiiiifred":;  A.  The  potatoes  and  onions  was 
needed. 

Q.  Was  not  the  coal  also  needed  on  such  schooner?  A, 
Yes,  it  was,  sir. 

Q.  Weie  all  the  seal  skins  on  board  the  "Winifred"  at 
the  time  of  her  seizure  obtained   before  or  after  she  left 
Tonki  Bay?    A.  I  do  not  know  at  all.  sir. 
50     Q.  What  is  your  belief  in  reference  to  it? 

Objected  to  by  plaintiff  as  incompetent. 
A.  I  think  they  was  caught  after. 

y.  What  was  done  with  you  by  the  officers  of  the 
"Rush  "after  the  "  Winifred"  was  seized?  A.  We  was 
told  to  find  ourselves  as  prisoners,  and  don't  have  any  con- 
versation with  any  people  that  don't  belong  to  the  vessel. 
Q.  After  the  seizuie  of  the  vessel  and  up  to  the  time 
that  she  and  you  were  brought  to  Sitka,  were  you  allowed 
to  hold  any  conversation  with  Captain  Hansen  of  the 
60  "  Winifred"? 

Objected  to  by  plaintiff  as  improper  course  of  ex- 
amination and  immaterial. 
A.  I  was  not  told  because  I  staid  on  board  the  schooner. 
Q.  During  the  time  that  you  were  held  as  a  prisoner  did 
the  Captain  of  the  "Rush"  compel  you  to  sign  an  affi- 
davit relating  to  your  employment  on  the  "  Winifred"? 


3C0 


(Exliibit  No    1!>  U.  S  ) 

Objectt'd  ti)  l)y  plaiiitiff  as  inriompeteiit  and  imma- 
terial and  not  proper  cross  examination. 
A    Yes,  sir. 

Q.   Will    \()U    please    state    wiien    that    aflidavit   was 

signed?     A.  Tiie  Captain  of  the    "  JUish  "  lie  told  me  lie 

was  authorized  from  some  Captain  of   the  Biitisli  man  of 

war,  I  forget  the  name,  a'ld  some  An)eriean  man  of  war, 

10  the  "  Yorklown,"  to  swear  to  my  statement. 

Q.  Was  the  statement  sworn  to  i)v  you  written  (jnt  hv 
theCaptiiin  of  the  "Kiishr'     A.  Yes,'sir. 

t^.  Is  the  statement  of  artidavit  now  before  tlie  Disti'ict 
Attorney  the  one  signed  by  yon?    A.   Yes.  sir. 

(.j).  Is  it  not  true  that  this  statement  was  sij^ned  witiiin 
a  day  or  two  after  the  .seiznii.'  A.  I  can't  exactly  siiy 
liow  many  d.iys:  it  was  more  tiian  mie  or  two  days. 

y.    Was   it    within    a    week   afterwards?     A.    I  guess  it 
was  about  a  week  afterwaids. 
20     Q.   Is  it  not  true   that   yesterday   afternoon,  before  the 
commencement  of  this  examination,  you  were  taken  to  a 
private  room,  and  this  .'^ame  atti'lavit  was  read  to  you? 

Objected  to  as  innnaterial  and  not   piojier  cross-ex- 
amination. 
A.   Well,  1  do  not  know  if  it  was  a  private  room;  it  was 
up  in  Mr.  Johnson's  office. 

Q.  Was  the  Cajttain  of   the   "Corwin"   present  at  the 
same  time?     A.  No,  sir. 
(,).   Is  not  your  testimony  here  to-day  guided  by  the  fact 
30 that  tills  affidavit  was  read  to  you  yesterday;  A.   Yes,  sii-. 

KeDIRECT  EX.XMIXATION: 

Q.  State  wiiat  you  mean  by  your  last  answer  in  your 
cross-examination?  A.  .My  statement  tiiat  I  gave  Cap- 
tain Coulson  in  Onalaska  was  read  to  me  by  Mr.  Johnson 
in  his  office. 

t,).   Did  the  fact  that  the  aflidavit  was   read  to  you  yes- 
terday make   any  difference  in  your  testimony  as  given 
to-day?    A.   No,  sir. 
t^.   Did  you  know  what  was  in  tiie  affidavit  before  you 
41^  signed  it  for  the  Captain  of  the  "  Rusli  "?     A.  Yes,  sir. 
Q.  Did  Captain  Coulson  or  any  other  person  put  vou  in 
fear  of  punishment,  or  oft'er  you  any  reward  to  induce 
you  to  sign  the  affidavit? 

Of)jected  to  as  immaterial. 
A.   No,  sir. 

Q.   May  not  the  Captain  of  the  "  Winifred"  have  paid 

for  the  merchandise  received  on  board  at  Tonki  Bjiy  and 

you  not  have   known  it?    A.  The  coal  and  potatoes  we 

got  I  heard  the  Captain  of  the  "  Venture  "  told  he  would 

50  make  him  a  present  of. 

CONli.  NILLSEN, 

Cook. 
Sworn  to  and  subscribed  before  me  in  the  day  ;ind  at 
the  i)lace  and  between  the  hours  aforesaid. 

K.  C.  l{0aER8, 

U.  S.  Commissioner. 

Collector  E.  T.  Hatch,  recalled  for  further  examination 
by  plaintiff. 
^  Q,  As  Collector  of  Customs  for  the  District  of  Alaska, 
are  all  deputy  Collectors  for  said  district  recjuired  to  and 
do  they  report  to  you  the  entrance  and  clearance  of,  as 
well  as  all  jirivileges  extended  to,  vessels  entering  at  any 
port  in  the  District? 

Objected    to  as   in)material  and   not  the  best  evi- 
dence 


^i^ft 


361 

(Exhibit  No.  1!>  U.  S.) 

I'  A.  They  are  so  required,  and  do  so  report. 

Q.  How  often?    A.  As  often  as  once  each  month. 
H  Q.  Have  you  received  such  report  from  each  deputy 
Collector  for  the  month  of  June,  isjtii? 
Same  objection. 
A.  Yes,  sir,  1  have. 

Q.  Do  any  such  re|)oi'ts  show  the  entrance  or  clearance 
loof  the  British  schooner  "  Winifred  "  at  any  port  or  place 
in  the  District  of  Alaska? 
Same  objection. 
A.  Tliey  do  not. 

Q.  Did  the  master,  G.  M.  0.    Hansen,  of  the  schooner 
"Winifred"   obtain  any   special   permit  from  you  or  any 
deputy  collector  for  tlie  Distiict  of  Alaska,  to  unlade  or 
take  in  cargo  at  Toiiki  Bay  in  the  month  of  June,  l.S',t2? 
Objection  as  incompetent  and  not  the   best  evidence. 
A.   No,  she  did  not. 
20     Q.  Did  tlie  British  schooner '•  Venture,"  oi    tie  master 
thereof,  report  to  you  or  any  of  youi'  deinitios   or  obtain 
permission  to  unlade  cargo  in  Tunki  Bay  in  June,  1S!»2? 
Same  objection  as  last  al)uve. 
A.   No. 
Cross  kxamisation: 

Q.  Will  you  please  state  what  goods,  merchandise  and 
stores,  found  upon  the  sciioonei'  "  Winified  "  at  the  time 
of  seizure  are  subject  to  the  payment  of  duties,  doing  so 
from  the  inventory  and  appraisement  tiled  in  this  cause? 
3°  A.  On  one  box  of  biscuit,  two  mats  of  rice,  three  sacks  of 
beans,  five  sacks  of  flour,  tbiee  boat  compasses,  two  cases 
of  canned  corned  beef  ;\  tm  matclies,  keg  sugar,  twenty 
thousand  gun  wads,  two  hundred  and  thirty  ^il  cartridges, 
eight  thousand  primers,  four  riHes  and  six  shot  guns,  at 
least  on  the  above  enumerated  articles. 

Q.  Have  you  i)ersonally  seen  or  inspected  the  articles 
comprising  the  cargo  of  the  steamer  "Winified"  and 
enumerated  in  the  above  appraisement?  A.  I  have  seen 
the  articles  and  made  a  casual  inspection  of  the  same. 
40  Q.  Are  they  not  the  ordinary  and  usual  supply  of  stores 
for  schooners  of  like  charactei',  out  on  a  sea  voyage,  ex- 
ceptiiig  the  seal  skins?  A.  Probably  they  are  such  as  are 
used  on  a  sealing  sclioouer,  but  vessels  with  breech  load- 
ing rifles  are  prohibiteu  lorn  coming  into  the  waters  of 
Alaska  exceiit  under  bond. 

EDWIN  T.  HATCH, 

Collector  of  Customs. 

Sworn  to  and  subscribed  before  me  in  the  day  and  at  the 


50 


place  and  between  the  hours  aforesaid. 


R.   C. 


ROGERS, 

U.  S.  Conunissioner. 


Conrad  Nillsen  recalled  fur  examination. 
Q.  I  understood  you  to  say  on  direct  examination  that 
you  were  the  cook  on  board  the  "  Winifred,"  at  the  time 
she  lay  in  Tonki  Bay,  and  also  at  the  time  of  her  seizure. 
Is  this  true?    A.  Yes. 

Q.  As  such  cook  you  may  state  if  you  know   what  was 
the  condition  of  the  fresh  water  supply  of  the   "  Wini- 
^fred  "  at  the  time  she  entered  Tonki  Bay? 

Objected  to  by  plaintiff  as  improper  cross-examina- 
tion. 
A.  Yes. 
Q.  What  was  the  condition  of  the  water  supply?      A. 


(Exhibit  No.  19  U.  S.) 
We  had  not  more  than  enough  for  two  days  before  coming 

of  fresh  water 


in 


Q.  Did  the  "Winifred'"  get  a  supply 
after  going  into  Tonki  Bay?    A.  Yes. 

Q.  Was  the  nliip's  supplies,  and  all  the  cargo,  except 
the  seal  skins  found  on  board  the  "  Winifred  "  at  the  time 
of  her  seizure,  tlie  actual  and  necessary  ship  supplies  and 
lo  stores  for  her  crew  for  a  voyage? 

Objected   to  by  plaintiff  as  incompetent  and  im- 
proper cross-examination. 
A.  Yes.  sir. 

Q.  During  the  time  that  the  "Winifred"  was  out  on 
her  sealing  voyage  dnrintr  the  year  ls92,  did  she  carry  any 
cargo  for  the  purpose  of  sale? 

The  same  objection  by  the  plaintiff  as  last  above. 
A.   No,  sir. 

CONR.    NILLSEN. 
2°     Sworn  to  and  subsciibed  before  me  in  the  day  and  at  the 
place  and  between  the  hours  aforesaid. 

R.  C.  ROGERS, 

U.  S.  Commissioner. 
By  stipulation  of  the  respective  counsels,  adjourned  un- 
til S\aturday  morning  at  9.30  Sept.  24-,  1892. 

Met  pursuant  to  adjournment.     Parties  present. 
Examination  closed. 

I,  R.  C.  Rogers,  the  hereinbefore  named  Conmiissioner, 
3°  by  virtue  of  said  order  as  herein  stated,  and  hereto  an- 
nexed, do  hereby  certify  that  I  was  attended  at  said  U.  S. 
District  Court  Room  by  C.  S.  Johnson.  Esq  United  States 
Attoiney  appearing  for  the  plaintiff  and  by  H.  H.  A. 
Hastings  and  Willoughby  Clark  by  proctors  in  Admiralty, 
appearing  for  said  defendant,  her  tackle,  cai'go,  etc.,  and 
the  said  witnesses  to-wit:  F.  D.  Dodge,  E.  T.  Hatch,  C.  L. 
Hoopei',  W.  Kerr,  1).  Pijier,  C.  Norland,  C.  Nillsen,  who 
were  of  sound  mind  and  lawful  age,  and  by  me  duly 
sworn,  and  their  examination  reduced  to  writing,  and 
'*°tbat  each  and  all  of  said  witnesses  their  respective  deposi- 
tions were  read  in  the  conclusion  of  each  of  the  same  for 
such  amendments  and  corrections  as  each  of  said  witnesses 
desire  to  make,  and  that  said  depositions  were  subscribed 
by  them  in  my  presence  in  the  day  or  days  and  between 
the  hours,  and  at  the  place  in  that  behalf  aforesaid.  I  do 
further  ct^rtify  that  I  am  not  coun.sel,  nor  attorney  for 
either  of  the  parties  to  the  suit  in  controversy,  or  in  any 
way  interested  in  the  event  of  said  suit.  In  testimony 
whereof  Ihave  hereunto  set  mv  hand  and  official  seal  this 
5°  24th  day  of  September,  1S92. 

R.  C.  ROGERS, 

U.  S.  Conmiissioner. 
District   Court.  — Distiict  of 


(Endorsed  t- 
Alaska. 


-No.  M4.').- 
-  I'nited 


-U.  S 
States   r.s.  Schooner 
October  12,  1892. 


Winifred."— 
N.  R.  Peckin- 


'rcstinioiiv. — Filed 
l»augh.  Clerk. 

In   the  United  States  District   Couit  for 

Alaska,  in  Admiralty. 

6o  The  Unitvd  States 

r.s. 

The  Schooner  "  Winifred,"  her  boats, 

tackle,  a])parel.  furniture  and  cargo. 

Whereas,  upon  the  trial   of  t\u-  above  cause  the  testi 

mony  of  several  witnesses  and   certain  documentary  evi 


the  District  of 

No.  ur>. 
stipulation. 


a**r;. 


863 


(Exhibit  No.  19  U.S.) 

dence  and  papers  pertaining  to  the  above  named  schooner 
and  to  her  cargo,  or  portions  thereof,  are  or  may  be  mate- 
rial to  the  issues  involved  herein;  and 

Whereas,  the  said  several  witnesses  and  the  said  docu- 
mentary testimony  are  all  within  the  Province  of  British 
Columbia,  Dominion  of  Canada,  and  outside  of  the  juris- 
diction of  this  Court,  and  outside  of  and  beyond  the  reach 
loof  its  processes:  and  whereas,  the  bringing  of  said  wit- 
ness'is  to  the  place  of  the  trial  of  this  cause  at  yitka,  Alaska, 
involve  gi'eat  and  uiuiecessary  hardshij)  and  expense. 

Now,  therefore,  it  is   liereby  stipulated  and   agreed  by 
and  between   the   parties   hereto  tliat  the  Hon.  Levy  W. 
Myres.  American  Consul  for  the  Port  of  Victoria,  British 
Columbia,  Doniiniou    of    Canada,  be    and    he  is  hereby 
designated     and    appointed    as    a    Conuiiissioner,    with 
full    power   and    authority    to    take,     or    cause    to     be 
taken,     and     reduced     to    wi'iting      in      the     form     of 
'O depositions  the  testimony  of  any  person  or  persons  who 
may  be  prf)duce(l  before  said   Comujissioner   upon   their 
several    oaths    or  aifiinations,   at  the   City   of    Victoria, 
in  the  Province  of  British  Columbia,  Dominion  of  Canada, 
and  to  receive  and   identify,  ..nd  return  with  said  deposi- 
tions all  such  documentary  evidence  or  papers  as  may  be 
produced  and  offered  by  either  party  hereto  at  the  time  of 
taking  such  testimony.     That  the  said  testimony  may  be 
taken  by  said  Conunissioner  at  such   time  and"  place  in 
.said  city  of  Victoria  as  may  be  designated  by  him,  after 
30 giving  reasonable  notice  by  mail  to  the  respective  parties 
hereto,  and  allowing  sufficient  time  for  them  to  be  present 
at  such  hearing  or  such  times  at  the  office  of  said  Com- 
missioner in  said  city  of  Victoria  as  maybe  fixed  by  agree- 
ment of  the  parties  hereto.     That  the  said  Conunissioner 
shall  reduce  all  the  interrogatories  propounded  to  the  sev- 
einl  witnes.ses,  and   ail  objections   thereto,   and   all    the 
ansvvei's  of  the  several  witnesses  to  sue!)  interrogatories,  to 
writing  or  cause  the  same  to  be  taken  down  in  shorthand 
by  a  clerk  or  stenographer  and  transcribed  and  reduced  to 
40\vriting  in    English,  and  thereufion  cause  the  depositions 
of  each  witness  to  l)e  read  over  to  oi'  by  su(;h  witnt'ss  and 
signed  by  him  in  the  jjresen  'e  of  said  Conunissioner.  and 
shall  cause  all  ott\'rs  of  documentary  testimony,  •uid  all 
objetitions   thereti  .  to    be   reiluced   to  writing,  and   such 
doi'umentary  testunony  !o  be  identified,  and  shall  upon 
the  conclusion  of  the  tnkiug  of  said  testimony  cause  said 
depositions  and  exhibits  to  l)e  authenticated  by  jiim  over 
his  signature  and  .seal  and  be  duly  transmitted  in  sealed 
enveloiie  addressed  to  tiie  Clerk  of  the  District  Court  of 
SOflie  Territory  of  Alaska,  at  Sitka,  Alaska. 

The  respective  parties  hereto  shall  b(>  entitled  to  be 
present  by  the  resijective  pinctors  or  counsel  and  i)ro- 
pound  interrogatories  to  the  several  witnesses,  or  propose 
objections  thereto,  and  to  produce  and  offer  any  docu- 
mentary proofs  or  papers  or  propose  objections  thereto. 

All  objections  to  the  manner  of  the  taking  and  return 

of  said  testimony  are  hereby  waived,  but  it  is  not  intended 

hereby   to    waive   any  objections   to    the   competency  or 

mateiiality  of  any  of  the  testamentary  or  doc\unentary 

^° proofs  whicli  may  be  I'eturned  by  said  Commissioner. 

This  stipulation  shall  be  sutticient  evidence  of  authority 
in  said  Commissioner  to  take  said  testimony,  or  cause  the 
same  to  be  taken  before  him  in  the  manner  herein  pro- 
vided, and  this  stipulation  accompanied  by  a  commission 
svhich  mav  be  issued  by  said   Court  to  said  Commissioner 


m 


364 


iv 


(Exhibit  No.  lit  U.  S.) 

shall  be  full   warrant  and  authority  for  so  taking  said 
testimony. 
Dated  Sitka,  Alaska,  the  l!tth  dav  of  September,  1892. 

C.  S.  JUHNSON, 
United  States  District  Attorney  for  the  District  of  Alaska. 
HUGHES,  HASTINGS  &  STEDMAN, 
Proctors  for  claimant.  C.  S.  Spring. 

'°  It  is  further  stipulated  and  agreed  by  and  between  the 
respective  parties  hereto,  thattl;e  taking oi'  said  testimony 
shall  be  begun  on  the  iiath  day  of  Novembei',  isjt^,  or  as 
soon  thereafter  as  the  mail  steamer  from  Alaska  shall 
arrive,  in  the  latter  part  of  said  fuoiith.  and  shall  be  con- 
tinued from  day  to  day  until  the   same  shall   have  been 


completed. 
Dated  Sept. 


iJtti),  \s\)-2. 


C. 


S.  JOHNSON. 
U.  S.  Attv.  for  Plaintiff. 
'  HUGHES.   HASTINGS  &  STEDMAN. 

Proctors  for  (.'has.  Spring. 

I  hereby  approve  (lie  foregoing  stipulations.     Done  at 
Chambers  at  Sitka.  Alaska.     Septeniher  2:2.  isjt^. 

WARREN  TRUITT, 


U.  S.  Dist. 


Judge. 


3" 


In  the  United  States  District  Court  for  the  District  of 
Alaska.     In  Admiralty. 

The  United  States 


1 


rs. 


40 


The  Schooner  "  Winifred,"  her  boats,  [-No.  ;U,"). 
tackle,     apparel,     furniture     and  | 
cargo.  J 

Tiie  President  of  the  United  States  of  America  to  the 
Honoral)le  Levi  W.  Myers,  American  Consul,  duly 
commissioned,  and  resident  at  the  Port  of  Victoria, 
in  the  Province  of  British  Columbia,  and  Dominion  of 
Canada,— Greeting: 
Know  ye,  that  we,  in  confidence  of  your  prudence  and 
fidelity,  have  appointed  you  a  Commissioner,  and  by  these 
j)resents  do  give  you  full  jjowerand  authority  to  diiigt^ntly 
examine,  or  cause  to  bo  examined,  before  you,  upon  tneir 
several  corporal  oaths  or  affirmations,  before  you  to  be 
taken  and  ujion  such  interrogatories  and  cross-interroga- 
tories as  may  be  propounded  by  the  proctors  or  counsel  of 
the  respective  parties  lierein  at  such  examination  and 
hearing  before  you,  such  witness  or  witnesses  as  may  be 

-o  produced  by  (iither  party  before  you  at  said  hearing,  in  a 
certain  cause  now  pending  and  undetermined,  in  the  Dis- 
trict Court  of  tlie  United  States  in  and  for  the  District  of 
Alaska,  wherein  the  United  States  is  libelant,  and  the 
schooner  "Winifred,"  hei'  boats,  tackle,  ai)parel,  furni- 
ture and  cargo  is  respondent,  and  Charles  Spring,  in  the 
Province  of  Britisii  Columbia,  and  Dominion  of  Canada, 
is  I'espectively.  inteivcnor. 

And  we  do  hereby  leiiuire  you.  the  said  Levi  W.  Myers, 
to  reduce  or  cause  said  testimony  to  be  reduced  to  writing 

60  and  to  receive  and  cause  to  be  ])roperly  identified,  and  at- 
tached to  said  testimony,  such  documentary  evidence  as 
may  be  offered  at  said  hearing,  in  accordance  with  the 
stipulation  hereunto  attached,  and  made  a  part  of  this 
commission,  and.  u]iiin  the  conclusion  of  the  taking  of 
said  testimony,  to  close  the  same  up  under  your  hand  and 


1'"^  "'iny 


(Exhibit  Nu.  lit  U.  S.) 

seal,  directed  to  N.  R.  PockiiipauKl),  Cl.'ik  of  the  United 
btntes  District  Court  in  and  for  the  District  of  Alaska  at 
oitka,  in  the  Territory  of  Alaska,  as  soon  as  may  be  con- 
venient after  the  execution  of  this  commission;' and  that 
you  return  the  same,  when  executed,  as  above  directed 
with  the  title  of  said  cause  endoised  on  the  envelope 
Witness,  the  Hon.  Warren  Truitt,  Judge  of  the  United 
lostates  District  Court  for  the  District  of  Alaska,  this  22'] 
day  of  September,  in  tlie  year  of  our  Lord  one  thousard 
eight  hundred  and  ninety  two,  and  of  our  independeme 
the  one  hundred  and  seveiit'entli. 

N.  K.  PECKINPAUGH, 
[r..  s.]  Clerk. 

(Eudorsed)-No.  :U5.— United  States  District  Court.  Dis- 
trict of  Alaska.  — United  States  rs.  Schooner   "  Wini- 
fred."—Stipulation. 
HuGHKs,  Hastings  &  Stedm.^x, 

Attorneys  foi' 


20 


^ 


In  Admiralty. 
No. 


In  the  District  Court  of  tlip  United  States  for  the  District 

of  Alaska. 
United  States  of  America,         ] 
Libellant,      ! 
vs. 
The    Schooner     "Winifred,"     her 
boats,  tackle,  api)arel,  furniture 
30     and  cargo. 

Respondent. 

Pursuant  to  the  stii»uIatioi)  and  commission  issued  to 
me,  Levi  W.  Myers,  Ameiican  Consul  at  the  port  of 
Victoria,  which  stipulation  and  commission  are  returned 
herewith,  the  following  witnesses  hereinafter  enumerated 
came  before  me  and  gave  their  testimony,  on  f/iis  -I'th 
dan  (\l  October,  ls!>2;  and  thereupon  F.  P.  Dewees,  Esq 
appeared  for  the  United  States,  and  E.  C.  Hughes,  Esq.', 
appeared  for  the  respondent,  and  it  was  agreed  hetweeii 
40said  parties,  by  their  respectiv(>  counsel,  that  the  pro- 
visions in  said  stipulation  as  to  the  time  of  taking  the 
testimony  herein  be  waived,  and  that  the  taking  thereof 
proceed  forthwith. 

And  thereupon,  Chakt.ks  Spkixg.  a  witness  on  behalf  of 
the  respondent,  being  first  duly  sworn,  testified  as  fol- 
lows: 

By  Mr.  Hughes: 
Q.    state  your  name?     A.  Charles  Spring. 
Q.  Where  do  >  on  liye?    A.  ^■ictoria.  British  Columbia 
50     (j).  How  long  have  you  lived  there?     A.  All  mv  life. 
Q.  Are  you  the  owner  of  the  schooner  "  Winifred  "  ?  A 
I  am. 

Q.  Is   she   a   British   schooner?     A.  She    is    a    British 
schooner. 
Q.  Registered  at  the  Port  of  \'ictoriaf     A.  Yes,  sir. 
Q.  What  kind  of  a  schooner  is  she;  A.  A  vessel  of  about 
13  tons. 

Q.  When  did  she  clear   from  the   port   of  Victfkrui,  or 
about  vyhen,  last  winter?  A.   During  the  month  of  March. 
60     Q.  What  kind  of  a  voyage  was  >lie  hound  on;     A.  Fish- 
ing and  hunting. 

Q.   Did  she  carry  anything  hut   hci    necessary  supplies 
and  hunting  outtitf    A.  Not  hi  njj  else. 

Q.  Was  she  bound  to  (he  United  States  or  Alaska  or  any 
port  thereof?    A.  Nn 


36(! 

(Exhibit  No.  1!»  U.  S.) 

Q.  Did  she  clear  for  the  North  Pacific  Oceans  A.  North 
Pacific  Ocean  is  where  she  deaiod  for. 

Q.  Who  was  lienaptaiiW    A.  Capt.  Hansen. 

Q.  You  know  notliinj;  i)ersonaliy  about  the  seizure?  A. 
No. 

Q.  Did  you  ever  autiiorize  ('apt.  Hansen  to  load  or  un- 
load anything  into  the  L'uited  States?     A.  No,  sir. 
lo     Q.  Or  take  anything   into  the   United  States?    A.  No, 
sir. 

y.  Did  you  ever  give  any  instructions  as  to  receiving  or 
transferring  anything  witiiin  the  limits  of  the  waters  Ot 
the  United  States?     A.  No. 

Q.  Did  you  know  anything  about  the  fact  that  he  trans- 
fered  tiie  skins  or  any  skins  at  Tonki  Bay  from  your  own 
j)ersonal  knowledge?  A.  No  more  than  fro  n  the  fact  that 
they  arrived  here,  so  (hey  must  have  been  transferred  up 
there  somewhere. 
20     t^).  These  skins  arrived  bcre?     A     Yes,  sir. 

().  OnwhatlM.at?     A.  Onthe"Kate." 

Q.  You  only  know  by  learning  since  the  fai  t  of  the 
seizure  what  tlie  raus(>  was^     A.    Ye^5,  .sir. 

(,).  Did  you  ever  direct  ('apt.  Hansen  to  transf*  •  or  un- 
load anything  at  Toiiki  lUiy?     .\.   .\'o. 

(.^.  In  doing  so,  then,  he  did  it  without  any  directions  or 
instructions  from  you;  A.  Yes,  sir.  I  would  like  to 
niaki"  one  correction  in  r<'gard  to  the  tonnage  of  the 
'•  \Yinifred."  I  was  thinking  of  the  "Kate."  The 
30"  Winifred  "  is  oidy  1:'.  tons.  .•Vnd  i  am  (uanaging  owner 
—  one  of  three,  of  the  "  Winifred." 

Q.  The  "  Kate  '"  has  a  tonnage  of  tio  tons'  A.  Yes,  sir, 
about  that." 

iTestimonv  of  witness  closed. ) 

C.  SPRING. 

Signed  befori'  nif  this  nth  day  November,  A.  D.,  1m'j2. 
Witness  mv  band  and  seal  of  the  Consulate  at  Victoria, 
B.  C. 

LEVI  W.  MYERS. 
40  Consul  at  Victoria  and  Commissioner. 

In  the  United  States  District  Court  for  the  District  of 
Alaska.     In  .Admiralty. 

The  United  States  1 

r.s. 
The  schooner  "  Wiaifred,'"  her  !-  No  JUa. 
boats,  tackle,  apparel,  fuiiii-  \ 
ture  and  cargo.  ] 

I,  Levi  W.  Myers,  American  Consul  at  the  port  of  Vic- 
Sotoria,  in  the  Province  of  Britisli  Co'unibia.  do  hereby  cer- 
tify that,  in  pursuance  of  the  stipulation  and  commission 
hereto  annexed  and  returned  hen  with,  and  by  virtue  of 
the  ]iower  and  autiiority  therein  jonferred  upon  me.  I  did 
on  the  27th  day  of  October,  IMi^,  cause  the  witness  here- 
inafter named  to  appear  before  me  and  give  his  testimony 
herein,  at  the  rooms  of  The  Board  of  Trade,  in  the  City  of 
Victoria,  B.  C.  and  at  the  said  time  and  place  there  was 
present  as  counsel  on  behalf  of  the  United  States,  F.  P. 
Dewees,  p]sq.,  and  as  coun.sel  on  behalf  of  the  resf)ondent 
Co  and  intervenor,  E.  C.  Hughes,  Esq.,  and  I  do  further  cer- 
tify, that  I  did  cau.se  the  testimony  of  said  witness  to  be 
taken  down  in  writing  by  stenographers  by  me  duly 
sworn,  faithfully  to  report  and  transcribe  said  testimony; 
and  that  thereU|)on  Charles  Spring,  after  being  duly  sworn 
to  testify  to  the  truth,  the  whole  truth  and  nothing  but 


:U'.7 


(Exhibit  No.  lit  U.  S.) 

the  truth,  did  give  his  testimony  on  behalf  of  the  respond- 
ent and  intervener. 

And  I  further  ceriily  that  the  foregiing  deposition  of 
said  witness  heieinabove  named  was  thereuj^n  tran- 
sciibed  and  read  over  by  the  said  witness  in  my  presence, 
and  by  the  said  witness  suh.scrihed  to  before  me. 

And  I  further  cei'tify   liiat   the  foregoing  deposition  of 
lothe  said  witness  constitutes  the  whole  testimony  so  taken 
Ijefore  nie  in  pursuance  of  said  commission,  and  that  the 
same  is  hereunto  attached  and  returned  herewith. 

In  witiu'ss  whereof,  I  have  hereiuito  subscribed  my 
name  and  affixed  my  consular  seal  at  liie  port  of  Victoria. 
Province  of  British  Columbia,  this  itlh  day  of  November, 
iMf-'. 

|i-  «•  I  Levi  W.  Myeks, 

U.  S.  Consul  and  Commissioner. 

(Endorsed)— United  States  Consulate  at  Victoria,  B.  C  — 
The  t'nited  States  vs.  The  Schooner  "Winifred,"  her 
boats,  tackle,  apparel,  furniture  and  cargo.— N.  R. 
Peckiupaugh,  Esij.,  Clerk  of  the  U.  S.  District  Court 
in  and  for  the  Dist;  ,ct  of  Alaska,  Sitka,  Territory  of 
Alaska.— Filed  Nov.  l!»th,  1MI2.— N.  K.  Peckiupaugh, 
Clerk. — L.  S. 


20 


And  on  Novendier  IJtth,  ls)ti>,  the  following  further  pro- 
ceedings were  iiad  and  appear  of  record  in  said  cause, 
which  are  in  words  and  figures  following,  to-\vit: 

The  United  States  1 

c.s.  -  No.  345. 

Schooner  "  Winifred,"  e<  «/.  ) 

Comes  now  the  United  States  Attorney  and  presents  in 
open  Court  the  account  of  R.  C.  Koger.s,  duly  apitointed 
Commission  .r  to  take  testimony  in  said  cause  for  taking 
and  certifying  depositions  therein  in  the  sum  of  !?.'{(». oO. 

And  the  Court  being  sufficiently  advised,  it  is  ordered 
that  the  said  account  l)e  and  the  same  is  hereby  approved 
4°an<l  allowed  in  the  sum  of  $;!m.(mi. 


And  afterwards,  to  wit:  on  December  13,  1802,  the  fol- 
lowing further  proceedings  were  had  and  appear  of  record 
in  said  cause,  which  are  in  words  and  figures  following, 
to  wit: 

United  States  ) 

•  r.s.  V  No.  84,'). 

Schooner  "  Winifred,"  cf  (d.  \ 

5°  It  appearing  to  the  Court  that  there  is  now  in  the  office 
of  the  Clerk  of  this  Court  a  large  number  of  depositions 
taken  in  said  cause,  piu'suant  to  stipulation  on  file  on  that 
behalf,  and  the  United  States  Attorney  appearing  for  the 
plaintiff  in  open  Coiut,  moves  that  an  order  bo  niade 
opening  said  depositions.  It  is,  therefore,  ordered,  and 
the  Clerk  of  this  Court  is  hereby  directed  to  open  said  de- 
positions and  hold  them  subject  to  tlir  inspection  of  the 
attorneys  and  parties  to  said  suit. 


60 


And  on  Jan.  (i,  lH!t4,  plaintiff  filed  ncice  of  trial  in 
said  cause,  which  is  in  words  and  figuiesL  following  to 
to-wit. 


'^e,s 


>  ;■ 


111 


(Exhibit  No.  !!•  U.  S.) 
flio  United  States  District   Court  for  the  District  of 


No.  ;ur).     Notice. 


10 


District   Court 
Alaska. 
The  United  States 
vs. 
Tlie  Sciiooner  "Winifred." 

To  K.  C.  Huf^iitis,  Proctor  fur  defendant  and  claimant  and 
to  said  defendant  and  claimant: 
Vou  arehereliy  notiticcl  that  the  United  Stales  Attorney 
fo!'  |)laintitf  in  the  aliove  entitled  canse,  will  move  said 
canse  for  trial  in  said  Conrtat  Sitka,  on  the  tith  day  of 
Fehrnaiy,  ls!t4.  at  11  o'clock  .\.  M.  of  said  day,  oi' as  soon 
thereafter  as  counsel  (;an  he  heard,  and  that  tlu-  same  will 
he  snhmitted  to  the  Court  upon  the  depositions  and  proofs 
on  tile  in  said  cause. 

C.  S.  JOHNSON, 

r.  S.  Atty.  for  Plaintitf. 
2o<Endorsed)^-No.  :!4.').-In  U.  S.  Dist.  Court,  Dist.  of 
Alaska. — The  United  States  r.s.  The.  schooncM'  "'Wini- 
fred."-Notice  of  Trial.— Filed  January  (Hh,  lS!t4.— 
N.  R.  Peckinpan.nh.  Clerk.  C.  S.  Johnson,  U.  S.  Attor- 
ney for  Plaintiff. 

And  on  the  sth  day  of  January.  isi»4,  certificate  of  U.  S. 
Marshal  was  filed  in  said  cause,  which  is  in  words  and  fig- 
ures following,  to  wit: 
District  Court  of  the   United   States   for  the  District 

Alaska. 
30 


of 


The 


No.  .'U.') 


United  States 
r.s". 
The  Schooner  *'  Winifred.' 

I  hereby  certify  that  I  deposited  in  the  Post  Office  at 
Sitka,  Alaska,  on  IheOth  day  of  January,  l•^!•4,  addressed 
to  E.  C.  Huglies,  Es(i.,  Seattle,  Was.,  a  copy  of  notice, 
the  original  of  winch  was  filed  by  the  Clerk  of  said  Court 
the  Cith  day  of  January,  1894. 

ORVILLF  T.  PORTER, 
40  U.  S.  Marshal. 

By  A.  A.  Meyek, 
Deputy. 
(Endorsed)— No.  34.5.  — Dist.  Court  of  the  U.  S.  foi'  the 
Dist.  of  Alaska. — United  States  vs.  The  schooner 
"Winifred.  "--Certificate  of  U.  S.  Marshal  as  to  the 
posting  copy  of  notice  in  post  ollice.-— Filed  January 
8,  1S1»4.— N.  R.  Peckinpaugh,  Clerk. 

And  on  March  1,  ]s!»4,  the  following  further  proceedings 
50  were  had  and  apjiear  of  record  in  said  cause,  which  is  in 
words  and  figures  following  to  wit: 

In  the  United  States  District  Court,  for  the  District  of 

Alaska. 
The  United  States  1 

vs.  I  No.  34.5. 

The  Schooner  "Winifred,"  her  [  Findings  of  fact  and  con- 
boats,  tackle,  apparel,  furni-  1  elusions  of  law. 
cure  and  cargo.                        J 

This  cause  having  been  duly  tried  and  submitted,  the 


Co 


Court,    after  due  consideration   thereof,    iiow   linds  the 
following  facts  and  conclusions  of  law. 

First.— That  on  the  20th  day  of  Julv,  lSit2,  and  prior 
thereto,  Washington  C.  Coulson  was  a  captain  in  the 
United  States  Revenue  Marine  Service,  was  in  command 


(Exhibit  No.  !)»  U.  S.) 

of  the  Revenue  Cutter  "  Rush,"  and  was  duly  authorized 
to  make  seizures  of  vessels  for  violations  of  law. 

Second.— That  on  said  20th  day  of  July,  ISita,  as  captain 
of  said  vessel,  he  seized  the  schooner  "Winifred,"  her 
boats,  tackle,  apparel,  furniture  and  cargo,  near  Amak 
Island,  in  latitude  Tw)"  22  '  45  "  north,  longitude  1(58°  35  ' 
West,  in  Behring  Sea,  and  within  the  jurisdiction  of  this 
loCourt,  and  brought  the  sauie  to  Sitka,  Alaska,  and  de- 
livered them  to  the  United  States  Marsiial.  where  they 
now  are,  in  the  custody  of  this  Court. 

Third. — That  said  vessel  is  a  foreign  vessel,  the  manag- 
ing owner  Charles  Spring,  of  Victoria,  in  British  Colum- 
bia, and  cleared  from  said  foreign  port  on  the  2uth  day  of 
February,  18!t2,  laden  with  inercliandi.se.  stores  and 
ballast,  and  bound  for  tiie  United  States.  Tiiat  on  or 
about  the  2(»th  day  of  Jmie,  ls!»2,  in  'J'onki  Bay,  Afognak 
Island,  within  the  wateisot  the  Alaska  Collection  District 
2o and  within  the  Jurisdiction  of  this  Couit,  there  was 
unladen  from  the  British  schooner  "Libhii-"  one  sack  of 
potatoes,  and  from  the  British  schooner  "Venture"  ten 
bags  of  salt  and  a  large  quantity  of  coal.  That  each  of 
said  vessels  were  foreigu,  and  in  fact  hound  for  the  United 
States. 

Fourth.— That  all  of  said  merchandise  from  said  vessels 
were  .transferred  to  and  received  on  board  the  schooner 
"  Winifred,"  with  the  full  knowledge  and  consent  of 
G.  M.  0.  Hansen,  who  was  then  and  there  master  of  said 
30  schooner.  And  at  the  same  time  and  place  said  vessel  did 
unlade  and  transfer  to  the  foreign  schooner  "  Favorite,"  a 
large  amount  of  cargo,  to  wit:  One  hundred  fur  .seal 
skins. 

B'ifth. — That  neither  the  said  schooner  "  Winifred  "  or 
any  of  said  vessels,  at  said  time,  had  come  to  the  proper 
place  for  discharge  of  their  cargoes  or  any  part  thereof, 
nor  had  any  of  them  been  authorized  by  the  projjor  officer 
of  Customs  of  said  District  of  Alaska  to  make  the  .same, 
nor  was  said  vmlading  made  necessary  by  any  accident  or 
40  distress. 

Conclusion  of  Law. 

As  a  conclusion  of  law  the  Court  finds,  from  the  fore- 
going facts,  that  the  schooner  "  Winified,"  her  boats, 
tackle,  apparel,  furniture  and  cargo,  are  forfeited  to  the 
use  of  the  United  States.     Sitka,  Alaska,  March  Jst,  181*4 

WARREN'  TRUITT, 

U.  S.  Dist.  Judge. 

And  on  March  1st.  18!>+,  the  following  further  proceed- 
50  ings  were  had  and  appear  of  re(;ord  in  said  cause,   whicli 
are  in  words  and  figures  following,  to  wit: 

United  States  | 

r.v.  I 

Schooner  "  Winifred,"  her  J-  No.  ;545. 

boats,    tackle,     apparel,  | 

furniture  and  cargo.         j 

And  now  on  the  ist  day  of  March,  l>i!»4,  this  cause 
coming  on  to  be  heard  in  open  Court,  said  libelant  appears 
6obyC.  S.  Johnson,  United  States  Attorney,  and  there  being 
noattorney  or  proctoi-  present  for  said  defendant  and  claim- 
ant, and  it  appearing  from  the  recoid  and  files  in  said 
cause  that  E.  C.  Hughes,  Esq.,  heretofore  appeared  and 
filed  as  proctor  the  claim  of  Charles  Spring  as  managing 
owner  of  .said  vessel,  her  cargo,  etc.,  and  also  an  answer 


:?70 


1 

Hi': 


III 


(Exhibit  No.  lit  U.  S.) 

to  the  libel  of  information  filed  herein,  and  the  testimony 
havin}^  been  taken,  reduced  to  writing  and  filed  in  this 
Co\irt,  and  notice  having  been  given  to  said  E.  C.  Hughes, 
proctor  foi'  cliiiniant  that  said  canso  would  bo  moved  foi" 
trial  on  the  t>th  day  of  February,  IH!t4,  or  as  soon  there- 
after as  proctor  for  liiielant  could  be  heard,  on  motion  of 
C  S.  Jolnison,  proctor  for  libelant,  said  cause  is  this  day 
ID  submitted  to  the  Court  for  consideration  and  decision 
upon  the  record  and  evidence  filed  herein. 

And  on  April  L'ti,  l.si)4,  the  following   further  proceed- 
ings were  had  and  apjiear  of  record  in  saiil  cause,  which 
are  in  words  and  figures  following,  to  '-.it: 
United  States  1 

Schooner  "Winifred,"'  iier  bjats,  tackle.  '^^^^  •'■*•"'■ 
apparel,  furniture  m'kI  cargo.  J 

^°  The  decree  heretofoi-e  entered  March  1st,  lSit4,  directing 
the  issuance  of  rciiilifioiii  c.i'poiKis  if  cause  is  not  ap- 
pealed, will  issue.  No  appeal  having  been  prayed  and 
perfected  within  tlie  tim*,'  allowed  by  law. 

The  U.  S.  Marshal  for  Alaska  will  sell  said  schooner 
"Winifred,"  her  boats,  tackle,  a|»parel,  furniture  and 
cargo,  after  giving  notice  as  is  usual  in  such  cases,  by  pub- 
lication within  thirty  days  from  the  date  hereof,  at  the 
town  of  Sitka. 

30  In  the  District  Court  of  the  United  States,  for  the  District 

of  Alaska. 


United  States  1 

vs.  I 

The  sclu)oner  "  Winifred,"  her  }■  No. 

boats,  tackle,  apparel,  furni-  i 

ture  and  cargo.  J 


'U'>. 


The  President  of  the  United  States  of  America,  to  the 
Marshal  of  the  District  of  Alaska,  Cireeting: 

40  Whereas,  a  libel  hath  been  filed  in  the  District  Court 
for  the  District  of  Alaska,  on  the  IJtth  day  of  August. 
IW2,  by  C.  S.  Johnson,  United  States  Attorney,  foi-  said 
District,  against  the  schooner  "Winifred,"  her  boats, 
tackle,  apparel,  furniture  and  cargo,  for  the  reasons  and 
causes  in  said  libel  mentioned,  and  praying  the  usual  pro- 
cess and  monition  of  the  said  Court  in  that  behalf  to  be 
made,  and  that  all  persons  interested  in  said  schooner,  her 
boats,  tackle,  apparel,  furniture  and  cargo,  may  be  cited 
in  general  and  special  to  answer  the  premises,  and  all  pro- 

5oceedings  being  had  that  the  said  schooner,  her  boats, 
tackle,  apparel,  furniture  and  cargo  may  for  the  causes  in 
the  said  libel  mentioned  be  condemned  as  foifeited  to  the 
use  of  the  United  States,  and  praying  that  the  same  be 
condemned  and  sold  to  answer  the  prayer  of  the  said 
libelant,  and  whereas  the  said  schooner,  her  boats,  tackle, 
appaiel,  furniture  and  oargo  had  been  attached  by  the 
process  issued  out  of  said  District  Coart  in  pursuance  of 
said  libel,  and  are  now  in  custody  by  virtue  thereof  and 
such  proceedings  had  been    thereupon   had  that    by  a 

60  definite  sentenco  and  decree  of  said  Court 
and  pronounced  on  he  Ist  day  of  March, 
and  an  order  of  sale  of  said  Court  in  this  cause 
on  the  2()th  day  of  ^\.pril,  1894.  the  said  schooner 
"  Winifred,"  her  boats,  tackle,  apparel,  furniture  and 
cargo,  and  all  property  found  upon  or  appertaining  to  said 


made 
1894, 
made 


:t7l 


Jlecoived  this  L'tJlli  diiv  of  April.  A. 

LOUIS     I;. 


20 


(Exhil.it  No.  lit  U.  S.) 

stliooner.  to  he  sold  by  you  the  said  Marshal,  at  Sitku,  in 
said  District,  nftur  having  niveii  not  less  than  fifteen 
days'  notice  by  publication  in  a  newspaper,  printed  and 
published  at  Sitka,  in  .said  District,  and  that  you  pay  the 
proceeds  of  said  sale  to  the  Clerk  of  this  Court  as  requiied 
by  law. 

Now,  therefore,  you  will  execute  said   decree  and  order 
lOand  return  this  writ  and  report  the  manner  in  wiiich  you 
have  executed  this  order  to  tiiis  Couit. 

Witness  the  Honorable  Warren  'I'lMiitt,  .Jud^e  of  .said 
Court  at  Sitka,  in  said  District,  tiiis  tlio  W\h  dav  of  Anril, 
18!>4. 

CHAHl.KS  D,  KOdEFtS. 
iL.  H.  I  Clerk. 

I).   I«!t4. 
WILLIAMS, 
IT.  S.  Marshal. 
By  W.  H.  Mt  NAIK, 

Deputy  U.  S.  Marslial. 

United  States,  Disti'ict  of  Alaska,  ss. : 

I,  Louis  Ij.  VV'illianis.  U.  S.  Marshal  within  and 
for  the  District  of  Alaska,  hert^by  certify  that  the  within 
writ  of  Vi'iiditiinii  c ijxiitii.s  was  leceived  l»y  nie  on  the 
2tith  day  of  April,  inid  on  the  I'Sth  day  of  April  I  gave  no- 
tice of  the  sale  of  the  schooner  "Winifred,"  her  boats, 
tackle,  apparel,  furniture  and  cargo  to  be  sold  May  2S, 
30 18(t-t,  by  advertisement  in  tile  ^l/((.s7iYf  Ifcnihf,  a  weekly 
newspaper  printed  and  published  in  the  Town  of  Sitka, 
in  said  District  of  Alaska.  And  I  further  certify  that  in 
o!)edience  to  an  order  of  the  U.  8.  District  Court  within 
and  for  the  District  of  Alaska,  made  and  entered  of  record 
on  the  ItHli  day  of  May,  1894,  I  now  hereby  return  this 
wi'it  of  vi'iiditioni  vxpoiius  not  executed. 

Dated  Sitka,  Alaska,  May  21,  is!t4. 

LOUIS  L.  WILLIAMS, 

U.  S.  Marslial. 

'^°  ( Endorsed )—Xo.  :i4.5.  -District  Court  of  the  U.  S.,  District 
of  Alaska. — United  States  r.s.  Schooner  "  Winifred  " 
('/ f»Z.— Writ  of  vcnditiimi  cxpoH^s. —ReXumeA  and 
filed  May  "21,  I8it4.— Charles  D.  Rogers,  Clerk.— Louis 
L.  Williams,  U.  S.  Marshal. 


And  on  May  1!»,  I8!>4,  the  following  further  proceedings 
were  had  and  appear  of  record  in  said  cause,  which  are 
in  words  and  figures  following,  to  wit: 

SO  United  States  "I 

Schooner  "Winifred,"  her  boats,  \^^-  ^*^- 
tackle,  &c.  J 

The  r<'ud/7io///e.»7>oncf.s  heretofore  issued  in  this  cause 
will  be  returned  instanted  by  the  Marshal,  and  he  is  di- 
rected to  return  the  same  not  executed,  and  returned  by 
order  of  this  Court. 

The  order  heretofore  entered  directing  the  issuance  of 
(5Qsaid  writ  is  vacated  and  for  nothing  held. 


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(Exhibit  No.  IV  U.  S.) 

In  the  District  Court  of  the  United  States  for  the  District 

of  Alaska. 
United  Statfs  "] 

va.  1 

The  schooner    "Winifred."    her  boats,  f  No.  34ft. 

tackle,  apparel,  furniture  andcargo.  J 
The  President  of  the  United  States  of  America,  to  the 
Marshal  of  the  District  of  Alaska,  greeting: 
Whereas,  a  libel  hath  been  filed  in  the  District  Court 
for  the  Distri(;t  of  Alaska  on  the  l!>th  day  of  August, 
1892,  by  C.  S.  Johnson,  United  States  Attorney  for  said 
District,  against  the  schooner  "  Winifred,"  her  boats, 
tackle,  apparel,  furniture  and  cargo,  for  the  reasons  and 
causes  in  said  lil)el  mentioned,  and  praying  the  usual  pro- 
cess and  monition  of  the  said  Court  iii  that  l)ehalf  to  be 
made,  and  that  all  persons  interested  in  said  schooner, 
her  boats,  tackle,  apparel,  furniture  and  cargo,  may  bt 
^°  cited  in  general  and  special  to  answer  the  premises,  and 
all  proceedings  being  iiad  tiint  the  said  schooner,  her 
boats,  tackle,  apparel,  furniture  and  cargo  may  for  the 
causes  in  the  taiul  libel  mentioned  be  condemned  as  for- 
feited to  the  use  of  the  United  Slates,  and  praying  that  the 
s;ime  be  condemned  and  sold  to  answer  the  praver  of  the 
said  libelant,  and  whereas  the  said  .schooner,  her  boats, 
tackle,  apparel,  furniture  and  cargo  hath  been  attached  by 
the  process  issued  out  of  said  District  Coui-i,  in  pursuance 
of  said  libel,  and  are  now  in  custody  by  virtue  thereof 
3° and  such  proceedings  hath  been  thereu|K)u  bad  that  by 
a  definite  sentence  and  decree  of  said  Court  niade  and 
pronounced  on  the  1st  day  of  Maic!i,  1MI»4,  and 
an  order  of  sale  of  said  Court  in  this  cause  made 
on  the  l.")th  day  of  June,  lHi»4,  the  said  schooner 
"Winifred,"  her  boats,  tackle,  apparel,  furniture  and 
cargo,  and  all  i)roperty  found  upon  or  appertaining  to  said 
schooner,  to  be  sold  by  you,  the  said  Marshal,  at  Sitka  in 
said  District  after  having  given  not  less  than  fifteen  days 
notice  by  publication  in  a  newspaper  ])rinted  and  published 
■^°at  Sitka  in  said  District,  and  that  you  pay  the  proceeds  of 
said  sale  to  the  Clerk  of  this  Court  as  required  by  law. 

Now,  therefore,  j-ou  will  execute  said  decree  and  order 
and  retui'u  this  writ  and  report  the  manner  in  which  you 
have  executed  this  order  to  this  Court. 

Witness  the  Honorable  Warren  Truitt,  Judge  of  said 
Court  at  Sitka,  in  said  District,  this  the  IHth  day  of  June, 
18}>4.  CHARLES  D.  ROGERS, 

[L.  s.]  Clerk. 

The  within  writ  of  venditioni  exponas  was  received  by 
me  at  Sitka,  Alaska,  this  2oth  day  of  June,  18'.»4. 

LOUIS  L.  WILLIAMS. 

United  States  Marshal. 
By  W.  H.  McNAIR, 

Deputy  Marshal. 
United  States,  District  of  Alaska,  ss. : 

I,  Louis  L.    Williams,  United  States  Marshal,    within 
and   for  the   District  <if  Alaska,  by  direction  of  Lytton 
Taylor,  U.  S.  Attorney  for  said  District  of  Alaska,  retiu-n 
Co  this  writ  not  executed. 

Dated  Sitka,  Alaska,  this  T'th  day  of  July,  18t»4. 

LOUIS  L.  WILLIAMS. 

U.  S.  Mai-shal. 
(Endorsed)— No.  JUft.—District  Ctuutof  the  U.  S.,  Dist.  of 
Alaska.— United  States  vs.  Schooner  "  Wiuifi-ed  "  e/ 
a/.— Writ  of  tTm////oH/>.»'/)0(/(r.'«.— Returned  and  filed 
July  20,  1894.— Phailes  D.  Rogers,  Clerk. 


;o 


I^* 


87  J 

(Exhibit  No.  19  U.  S.) 

District  or  Alaska, 

U.  S.  Marshal's  Office. 

Sitka,  Alaska,  Octol)er.  11,  lSft4. 

In  obedience  to  and  by  virtue  of  the  command  of  the 

annexed  writ  to  me  directed,  and  after  giving  due  and 

legal  notice  oT  the  time  and  place  of  saleasdirecte<l  in  said 

writ,  I  did  on  the  Ist  day  of  October,  1H»1,  at  Sitka,  in  the 

10  District  of  Alaska,  proceed  to  offer  for  sale  and  did  sell 

the  schooner  "  Winifred,"  her  tackle,  apparel,  furniture 

and  cargo,  and  all  property  found  upon  or  ap|)ertaining  to 

said  schooner  at  public  auction  to  the  highest  and  liestTnd- 

dei-s  for  cash  and  realized  therefrom  the  sum  of  $727.2'). 

That  I  have  paid  out  on  account  of  costs  and  expended 

on  account  thereof  the  sum  of  ii\i\2.2*.K  as  particularly 

shown  in   my  account  in  said  case  leaving  a  balance  of 

J5fi4.!»fi,  which  sum  I  now  return  inlo  Court. 

LOUIS  L.  WILLIAMS. 
20  United  States  Marshal,  Di.strict  of  Alaska. 


In  the  District  Court  of  the  United  States  for  the  District 

of  Alaska. 


No.  u:> 


30 


United  States  1 

vs. 
The  schooner  "Winifred,"  her  boats,    tackle, 

apparel,  furniture  and  cargo.  J 

The  President  of  the  United  States  of  America,  to  the 
Marshal  of  the  District  of  Alaska,  Greeting: 
\  hereas:  A  libel  hath  been  filed  in  the  District  Court 
for  the  District  of  Alaska,  on  the  lt)th  day  of  August,  1H<.)2, 
by  C.  S.  Johnson,  United  States  Attorney,  for  said  Dis- 
trict, against  the  Schooner  "  Winifred,"  her  boats,  tackle, 
apparel,  furniture  and  cargo,  for  the  reasons  and  causes 
in  said  libel  mentioned,  and  praying  the  usual  process  and 
monition  of  the  said  Court  in  that  behalf  to  l)e  made  and 
that  all  persons  interested  in  said  schooner,  her  boats, 
tackle,  apparel,  furniture  and  cargo,  may  be  cited  in  gen- 

,0  eral  and  8i)ecial  to  answer  tlie  premises,  and  all  i>roceed- 
ings  being  had  that  the  said  sc-liooner,  her  boats,  tackle, 
apparel,  fiirniture  and  cargo  may  for  the  causes  in  the 
said  libel  mentioned  be  condennietl  as  forfeited  to  the  use 
of  the  United  States,  and  praying  that  the  same  be  con- 
denmed  and  sold  to  answer  the  i)rayei' of  the  said  libelant, 
and  whereas  the  said  schooner,  her  boats,  tackle,  a,)parel, 
furniture  and  cargo  hath  been  attached  by  the  process  is- 
sued out  of  said  District  Court  in  pursuance  of  said  libel, 
and  are  now  in  custody  by  virtue  thereof  and  such  pro- 

50 feedings  hath  bt>en  thereupon  had  that  by  a  definite 
sentence  and  decree  of  said  Court  made  and  pro- 
nounce<l  on  the  1st  day  of  March,  1S!»4,  and  an  order 
of  sale  of  said  Court  in  this  cause  made  on  th(> 
2»ith  day  of  April,  1H!»4,  the  said  schooner  "  Winifred," 
her  boats,  tackle,  apparel,  furniture  and  cargo,  and 
all  property  found  upon  or  appertaining  to  said  schooner, 
to  be  sokf  by  you  the  said  Marshal,  at  Sitka  in  said 
District,  after  having  given  not  less  than  fifteen  days' 
notice  by  publication  in   a  newspaper,  printed  and  pub- 

6olished  at  Sitka,  in  said  District,  and  that  you  imy  the  pro- 
ceeds of  said  .'iale  to  the  Clerk  of  this  Court  as  requii-ed  by 
law. 

Now  therefore  you  will  execute  said  decree  and  order 
and  return  this  writ  and  report  the  manner  in  which  you 
liave  executed  this  order  to  this  Court. 


374 


No.  34'). 
Adniimlty. 


claimed    in    the    above 


*2o.OO, 
$20.00. 


(Exhibit  No.  19  U.  S.) 

Witness  the  Honorable  Warren  Truitt,  Judge  of  said 
Court  at  Sitka,  in  said  District,  this  the  Oth  day  of  Septem- 
ber, 18!H. 

CHARLES  D.  ROGERS. 
[L.  s.]  Clerk. 

The  within  writ  received  this  flth  dav  of  September, 
1H94. 
10  LOUIS  L.  WnXIAMS, 

U.  S.  Marshal. 
By  W.  H.  McNAIR, 

Deputy  Marshal. 

(Endorsed  I -No.  345.— Dist.  Court  ot  the  U.  S.,  Dist.  of 
Alaska.  — United  States  vs.  Schooner  "  Winifred."— 
Writ  of  }\'nditioni  Exponas.— Fileii  Oct.  11,1894.— 
Charles  D.  Rogei-s,  Clei-K. 

In  the  District  Court  of  the  United  States  for  the  District 
20  of  Alaska. 

United  States  of  America, 
Plaintiff. 
r.s. 
Schoonei'  "Winifred,"  &c., 
Defendant. 
Statement    of    disbursements 
entitled  cause,  viz. : 
Attorney's  fees.     Docket  fees,  M'24  R.  8. 
30  Total, 

District  of  Alaska,  ss. : 

Lytton  Taylor,  U.  S.  Atty.,  being  duly  sworn,  says  he  is 
the  Attorney  for  the  U.  S.,  District  of  Alaska,  that  in  the 
above  entitled  cause;  that  the  costs  ami  disbursements  set 
forth  above  have  been  fixed  by  law,  »!S24  R.  S.,  and  that 
he  is  entitled  to  recover  the  same  from  the  United  States. 

LvrroN  Taylor, 
U.  S.  Atty. 
(Endorsed;  — No.  34.5. — In  the  District  Court  of  the  United 
40        States  for  the  District  of    Alaska.— United  States, 
Plaintiff,    is.    Schooner  "Winifred,"   Defendant.— 
Cost  Bill.— Filed  October  II,  1HJ>4.— Chailes  D.  Rogei-s, 
Clerk. 

And  on  October  11th,  1894,  the  following  further  pro- 
ceedings were  had  and  appear  of  record  in  said  cause, 
which  are  in  words  and  flgiires  following,  to  wit: 
The  United  States  of  America 
r.s. 
50 The  schooner  "  Winifred,"  her  1-  No.  345. 

tackle,     apparel,     furniture 

and  cargo. 

In  this  cause  Louis  L.  Williams,  United  States  Marshal, 
appeared  in  open  Court,  and  submits  his  actions  for  con- 
sideration by  the  Court,  and  it  appearing  from  the  return 
duly  made  and  endotsed  upon  the  writ  of  venditioni  ex- 
ponas, heretofore  issued  in  this  cause,  that  the  said  Mar- 
shal has  duly  executed  said  writ,  in  that  he  did  on  the  let 
day  of  October,  1894,  at  Sitka,  in  the  District  of  Alaska, 
^ after  having  given  due  and  legal  notice,  sell  said  schooner 
"  Winifred,  her  boats,  tackle,  apparel,  furniture  and 
cargo  at  public  auction  for  the  sum  of  $727.25  cash  in 
hand,  as  directed  by  said  writ.  And  now  returns  into 
open  Court  the  sum  of  $.564.96  so  realized  after  deducting 
the  costs  and  expenses  and  his  commissions  accrued  ana 


375 


•■^. 


(Exhibit  No.  I)»  U.  S.) 

paid  therein  in  the  sum  of  !^l«2.29,  as  approved  by  his 
▼erifled  account  thereof. 

And  it  appearing  that  said  sjile  so  made  by  said  Marshal 
was  in  all  thinf{s  regular  and  in  due  conformity  with  the 
^'irections  in  said  writ,  it  is  ordered  that  said  sale  be  and  it 
is  iiei-eby  in  all  things  confirmed. 

And  now  comes  Lytton  Taylor,  United  States  Attorney 
10 and  presents  in  open  Court  the  following  and  duly  veri- 
fied  claims,  for  approval  and  allowance,  in  said  cau.se  to 
be  taxed  and  paid  as  costs  herein.     Vi/: 
The  claim  of  Lytton  Taylor,  U.  S.    Attorney. 

Dock<»t  fee.  Sec.  «i824.  Revised  Statutes ijs^o  (»<< 

The  claim  of  Charles  D.  liogers,  clerk  of  the  U.  S. 

District  Court,  for it  lo 

Said  sum  being  his  costs  accrued,  and  the  further 

sum  of ,•(  (5.5 

being  one  !»er  centum  foi-  receiving,  keeping  and  paying 
2oout  said  sum  of  *r)«i4.!M'»,  paid  into  court. 

And  the  Court  having  inspected  and  examined  said  sev- 
eral claims,  including  the  account  rendered  by  the 
Mai-shal,  in  the  presence  of  the  U.  S.  District  Attorney, 
and  it  appearing  to  the  Court,  from  an  examination  of 
said  claims  and  the  evidence  relating  thereto,  that  the 
services  in  said  claims  chaiged  for  were  actually  and  nec- 
essarily rendered,  and  that  said  charges  are  in  all  things 
reasonable  and  just. 
Said  seveial  claims  and  charges  are  hereby  approved, 
30  allowed  and  certified  for  the  several  sunis  and  to  the  sev- 
eral claimants  and  officers  as  follows,  viz  : 

Lytton  Taylor,  U.  S.  Attorney,  docket  fee.. *i'u  00 

Charles  D.  Rogers,  Clerk  U.  S.  District  Court 14  75 

to  he  taxed  as  costs  in  said  cause. 
And  it  is  further  oi-dei-ed  that  said  Louis  L.  Williams 

Say  to  the  Clerk  of  this  Com-t  the  amount  remaining  after 
educting  the  amount  of  expenses,  fees  and  commissions 
in  said  account  charged  and  herein  approved,  allowed  and 
certified,  the  sum  of  i?5('i.)»r>,  to  be  applied  by  said  clerk 
40  as  follows : 

Docket  fee,  Lytton  Taylor,  U.  S.  Attorney if(20  00 

Costs,  Charles  D.  Rogers,  Clerk  U.  S.  Dist.  Court      14  75 
Costs,  N.  R.  Peckinpaugh,  late  Clerk  U.  S.  Dist. 

Court 2  .50 

Costs,  Orville  T.  Porter,  late  U.  S.  Marshal 2  00 

To  the  credit  of  the  Treasury  Department .525  7 1 

$5(14  m 
SrrKA.  Alaska,  <;)ct.  15,  lsi)4. 
50     Received  from  Charles  D.  Rogers,  Clerk,  Five  Hundred 
and  Twenty-five  &  71/100  Dollars,  proceeds  of  sale  of 
schooner  "Winifred." 
1625.71. 

BENJAMIN  P.  MOORE, 

Collector. 


87fi 

(Exhibit  No.  112.) 
Claim  No.  15,  "  Black  Diamond." 

EXHIBIT  No.  118  (0.  B.).  CLAIM  No.  15. 

Transcript  or  Register   for  Transmission  to  CHiBr   Regis 

TRAR  or  Shipping. 


10 


Officii)  Number  of  Ship. 


Nmiio  of  Ship. 
'  Blnck  Dliinionil.' 


Ni).,  Dale  iiiil  Port  of  R(|[litry. 
Port  Number  I6-8/I8A9. 
VIclorl*.  B.  C. 


I 


Nu.,  Dale  and  Port  of  previout  Itegiatry  (if  any). 
No.  Number,  20tli  Juni-,  18C-S,  Nanalnio, 


Whether   liriliib      Whether  a  Sailing  or 
2<^   or  Fortign  Kuilt.      Steam  Ship  ;  anil  if  a 
Steam  Shlji,  Ikiw  pro- 
pelled. 


British. 


Railtnii 


Whore  Built. 


Victoria. 


When  Built 


Name  and  Ad- 
drera  uf  Build- 
er*. 


30 


Number  of  Uecks.iine. 
Number  of  .MnitcTwu. 

Rigged Schooner, 

Stern S<|Uaro. 

Build Carrel. 

Oallerie^ None. 

Head Straight. 

Framework  Stem. 

Wood. 


Lenetli  from  fore  part  of  stem, 
under  the  bowsprit,  to  the  aft 
aide  of  thtt  head  uf  the  alern  post 

Main  breadth  to  outside  of  plank. 

Depth  In  hold  from  tonnage  deck 
tn  celllnt;  at  midships 

Depth  in  hold  froni  upper  deck  tu 
ceilin);  at  nild.hips  in  the  case  of 
three  decks  and  upward* 

Length  of  er  gine  room,  if  any , . . 


Feet.     Tenths. 


HI 
17 


No.  of  Tom. 
■'  Tin 


Griws  Tonnage.  • 

I'nder  Tonnage  Deck 

Closed  ill  spaces  abore  the  Ton- 
nage Deck,  if  any  . .    . .     ... 

Space  or  ^p■<■e•  between  decks. 

40  Poop I 

Forecastle ; 

Knuiii!  House I 

other  closed  in  spaces,  if  any,  aa 
follows: 


Gross  Tiiiinage 

Deductioiio,  as  per  Contra 

Registered  Tonnage ^  I .  i^o 


Deductioni  AUoweil. 

On  account  of  space  required 
for  propelling  power 

On  account  of  spaces  occupied 
by  Seamen  or  Apprenticea, 
and  appropriated  to  their 
use,  and  kept  free  from  goodi 
or  stores  of  every  kind,  not 
being  tlio  |iersonal  property 
of  the  crew  

These  spaces  are  the  follow- 
ing, viz.: 


No.  of  Tons 


Total  l>eductions. 


50 


Name  of  Master,  Oeorgc  Rtidlin,  rf  Victoria. 


Names.  K<'»i>lence,  and  Description  uf  the  ) 
Owners,  and  number  of  Sixty-fourth  > 
Sliarr»  licUl  by  each,  viz.:  ) 

RiciiAiD  BaoORicK,  of  Victoria, 
British  Columbia,  Merchant, 
Siity-lour  (64)  Shares. 


Ck) 


Date«l  at  Victoria,  the  aoth  day  of  April,  186!>. 

Registrar    W.  HAMLEY. 


377 


(Exhibit  No.  112.) 

Copy  Transactions  SuBSEguENx  to  Reoistky  kor   Transmission  to  Regis- 
trarOenerai.  of  Shipping  and  Seamen. 


Number  of 
Tranaactions. 

10 

Name    of    Person 
from  whom  title 
is  derived. 

Number 
of  shares 
aHected. 

1    Date  of  Registry. 

Nature  and  date  ol 
transaction. 

Name,       Residence 
and  occupation  of 
Transferee,    Mori- 
gagee,     or    other 
person     actpiiring 
title  or  power. 

1 

Richard  Bred:  i.k. 

82 

I  July    Idth,    1878, 
12.80  I-.  M. 

Mortgage      dated 
12th   July,  1878, 
to     secure    pay- 
ment   of  a    note 
|5,2AO.OO  and  in- 
terest   due      by 
Julius    Frederick 
Einil  Englehardt, 
12th  July,  1874. 

John  Mount  Thnin 
of  N'ictoria,  B.  C. 
Mariner. 

8 

Jolin  Mount  Tbaio.  \        82 

j 

July   10th,     1873. 
12.85  i>.  H. 

Transfer  of  Mort- 
gage     A    for 
♦5,260.00. 

Josepli         Despard 
Pemberton,  of  Vic 
toria,B.C.  Genlle- 
mao. 

S 

30 

Richard  Brodrick. 

32 

July    16th,    1878, 
I2.4S  p.  M. 

B  Mortgage  dated     Francis     Garesrhc, 
15th  July,  1873,       of  Victoria,  B.   (' 
to    secure    pay-       Agent    of    Wells 
inent   of   a   note        Fargo  ^  Co. 
for     12,60(1   due 
by  Jjlius    Fred- 
erick Emil  Engle- 
hardt, 16th  July, 
1874. 

4 

Richard  Brodriclc. 

.32 

November      19th, 
1878,  2.3U  p.  M. 

Bill  of  !Sale  dated 
8lh      November, 
1878. 

Alfred  A.Green,  of 
Victoria,      B.     C". 
Clerk. 

5 
40 

A.  A.  Green. 

32 

Mar.  27,  /79. 

Sill  of  Sale  dated 
April  22,  1876. 

PeterDewarForl.es 
of  Victoria,  B.  V. 
Contractor. 

« 

P.  D.  Forbes. 

32 

March  27th,  /79. 

Mortgage    C.    for      Henry   Louis    Tib 
16,000,    dated        bala    of    Victorin 
April  2Srd,  1816.        B.  C.  Wharfinger. 

7 
50 

P.  D.  Forbes. 

S2 

March  27th  /7». 

Bill  of  Sale  dated 
August    2  6th, 
1876. 

Julius  Frederick 
Emil     Engleh&rilt 
of  Victoria,   B.  C. 
Wharfinger. 

8 

R.  Brodriclt.       ; 

1 

1 

82 

March  27th  /79. 

Bill  of  Sale  dated 
26th  Sept.,  1876. 

Julius       Frederick 
Emil    Englehardt 
of  Victoria  Wharf 
inger. 

9 
60 

J.  D.  Pemberton. 

82 

March  27th,  /79, 

Dischargeof  Mort- 
gage A  for  *8,260. 
Kecipt.     dated 
January    2  fl  t  h , 
1879. 

10 


F.  Fareschr. 


82 


March  27  /79. 


Discliargo  of  Mort- 
gage B.  f  o  r 
•2,600.  Recpl. 
dated  S  e  p  t  r . 
29th,  1876. 


»78 

(Exhibit  No.  112.) 


Number  of 
Transitction). 


Nmno  of  I'itmii 
fruiii  wliniii  till« 
Is  derlvfil. 


Nunilicr      Diite  of  UeKlittry, 

ofithiirei  ! 

■HecUd. 


Nature  anil  lUte  of 
tranuctiun. 


NHtno,  Iti'niilencii 
mill  iioi'ii|intlon  of 
Tmnfi'ri'H.  Mort- 
KKgw,  iir  iilher 
|ipr»in  Hri|iiirin|{ 
title  or  piiwi'r. 


lO 


\% 


[0 


II 


IS 


.1.  T.  E.  Eniflu 
Imrill. 


»2 


J.  C.  Bakea. 


n 


March  27  /7». 


March  27th,  187U. 


BUI  of  Sale  ilatml 
l&th   Ht'pt .  I87tl. 


Miirli^age  I)  for 
|>A,Mhi.  nnil  Int. 
ilHti-illiUliSeptr., 
1876. 


20 


30 


IS  .1.  V.  K.  Engle- 

liiirill. 


14        lli-nry  I,.  Tilil>iil-'. 


ITi        .1.  V.  Kiijslfliaiill, 


16 


:i'^ 


March  27  /7i». 


BUI  .>f  Sale  ilatad 
2tltli  Fel>.,  1871). 


Jaiiio*  CliMtiiev 
Haica  of  Victoria, 
U.  l\  Wharflii 
Ift-r. 


The  nrlllah  Col. 
Iltnbin  I  liven  I - 
tiipnt  mill  Loiiii 
Sofiuly,  Viclnria. 
H.  C.  ■ 


Miiiila);uii  W.  Tyr- 
wln'tt  Itriiki'  iif 
VisKiriii,  U.  I'. 
•iarribtiT. 


Mur.  27 


Ditrhni'Kf  (if  Mort- 
gage C  for 
♦  .'i.iiiiO.  Itfcpt., 
ilnli'il  °iT  March, 
187K. 


li> 


Miiy  iilsl.  Iti7'.'. 


Morlgngo  K.  for 
ji'.'.iMHiiinil  IntiT- 
l'^t  nt  1  "„  pi-r 
niiiiith,  (lateil 
iiuth  April,  1871*. 


The  KriliHli  Coliitn. 
Iiiii  l.'ian  >('  In. 
vi'wliiiftit  ."<iicii-ly 
iif  Victniia,  H.  C. 


Ill 


40 


Tlic    Urilinii     Cii- 
luiiitiia     Loan    (t 

IllVI'StllllMlt        So-    I 

clt'lv  I'f  Viclnria, 
H.  C.  I 


.32 


I  Dec.  2 let,  1880,  nt 
I   \:  M. 


Dlcdinrgc  of  Morl- 
Hagf  l>.  for  ♦.^,• 
ADOhiiiI  liitjr«iil. 
Ui'CiM|it  (Intcil 
2lBt  Dec,  188(1. 


17 

The     Brilisli     Co- 
luinbia    Loan    A 
Invfstnii'iit      So- 
ciety of  Virlorin, 

H.  r. 

16 

Dec.  21    188",  at 

1    P.   M. 

Dinchnrire  of  Mort- 
gage  K.  for  ♦2,- 
III  III    (l     Interest. 
Iteceipt     ilateil 
2  tut      Dereinlier, 
1880. 

18 

SO 

J.  1'.  Kiiulchaiill, 

J.  C.  Hali'H. 

M.  T.  W.  Drake 

16 
»2 
16 

Deo.  ItlHt,    I88II,        Hill  of  Sale-  ilaitl      (;i<or)ru    I'nllinD    of 
at  2  CM.         ,     2  l8t  Deer,  1881).        Victoria,      ».      C. 
\                                       Saloonkeeper. 

1                                   1 

19 

1 
George  Collins,              64 

October       2  1  s  1 ,      Bill  of  Sale  ilateil  i  ,1  isepli   ({iiailroH  ul 
1881,     at     lI.S.'i       October  l8t,  1881.          /ictoria,       H.     C. 
A.  M,                                                                Mariner. 

2H 

Joseph  Qiiailros. 

04 

.laniiary      1  1  t  li  , 
1882,  lit  3  c.  H. 

Hill  ol   .Sale  dated 
December     81st, 
1881. 

William  Spring  of 
Victoria,      B.    C. 
Master  Mariner. 

(Exhibit  No.  112.) 


NiiidIht  iif 
Trkniwctidii! 

Nmiio    of    i'ei'iinn 

Niiiiilier 

1     Dattt  of  Rpgiitry. 

Nuliiri'  iinil  iliitc  of 

Nllflll'.        Ui'dIiIciicp 

friiiii  whoMi  litlc 

«f  nlmrrs 

traiixHi'lloit. 

Hint  iit'iMiiialioii  of 

it  (lerivfil. 

■Hi'cleil. 

i     'rnin-reri'**,    Mort- 

UHl!"'"'.       or       OlIlIT 

|H'i'«iM     iii'i|iiiriii)( 

lilli-  111-  power. 

lU 

_ 

ill 

WIIIUiii  Hjiring. 

64 

Juno  lull,  IN84,  at 
Ham. 

IMin      on     tM\i 
Murili,     {(iCl. 
Will   .Int.'il    :ilM 
OiTt'iiilicr,     INNM, 
u  i|i  linleil    .IniiicH 

I  ill    1.  II  w  K  o  n  , 
WiHinin   Tlmiiiiift 

l.ivoi'll,       CIlHrllK 

Spriiij^.  liH  I'xcc- 

II  t  II  IK.       Will 
provfil     on     llii' 

■l:iiiii'ii  Hill  l.awmin 
of  Viiloria,  U.  ('., 
Knrlor.  HikIhoii 
Hay  (•". 

Wiliiiiiii  Tlioiiiiis 
l.ivoi'h  of  Vir- 
loriii.  11.  C,  Khc 
tor.  IIikIkoii  liny 
V«. 

Cliiiili'*  S|iriii({  of 
Virioriii,      11.    ('.. 

ao 

III  (Ihv  of  A|iril. 

lliik  lluilsoii  Hiiv 

lns<.  ill    ilii.  Sii- 

<'o. 

irciiif    Ciiiirt   iif 

<Hli>li       Coluiii 

bin. 

'2-1 

.Iiirncs    Hill    Liiw- 

«4 

.Iillin     mill,     1884, 

Kill  of   »»\o  iliiled 

•lo»«|ili     (^lllllroH. 

«>ii,  W  i  1 1  i  II  III 

ril    l.;il>  1'.  M. 

'.Mil  .liiiir.    IM<4. 

of  Viil  iriii.  11  <'., 

1  lioiiiiiK    l.iviick, 

ClmrlvM     S|iriii|{, 

joint  owncrit. 

30 


2» 


JoHf|ili  (^ladroi. 


18 


February  24lli,  1886,!   Kill  of  Sule  iIhUmI   i    llmiv    llnxtoi 
Ii'.Sd  A.  M.  Iillli        .lamiiirv.  |      Viiiuri.i,    li. 

INS'I.  '      I     .Miuiiii'f. 


24       .luaepli  ((iiadroa. 


ni 


Noveinbi-r 

188N.   Ill 


Sib, 


Rill  of  S'iiIb  iIaIimI   I 
.liiiiuiirv  Hill.  \snT.: 


'i!i        Henry  Taxton. 


40 


2li 


.laeob  (fiitlinann. 


50 


Morit)!  Giilinann. 


1» 


114 


November        8th, 
1 888,  at  10  A.  M. 


iVovemlicr       Kilb, 
1888.  at  10  A.  M. 


Hill   of  siilu 
tianiiary 
1888. 


lali'il 
hull. 


Uic.i  in  or  about 
Hie  Ul  (lav  of 
April,  1887,"  In 
lestnle.  Lellei's 
of  Adniinislrii- 
lion  Kranli'il  to 
Morit/  (■iitinnnn 
of  Victoria,  U. 
v.,    by    llie    Sii. 

iireino  Court  of 
iriiisli  Coluinbin 
on  the  2n<l  day 
ol  Oetober,  18X8. 


.lacoli  riutiiinn 
V  i  <•  I  ()  r  i  II ,  H. 
Mi'irliaiit. 


.Iii-eiili  (inltiiiiiiiM, 
ol  Victoriii,  K.  I'., 
Merchant. 


.Morit/.  (iiitinann 
of  Vii-loria,  II.  t:. 
.Merrliant. 


28     I  Morris  Mima. 


6o 


19 


•lohn       Lambert 
Penney. 


tl4 


64 


64 


November 
1888,    at 

A.  M. 


imh, 

10.20 


Kill  of  Sale 
November 
1888. 


ilateil 
I  nth. 


Moritz  Mos»of  Vic 
toria,  H.  t'.  Mer 
chant. 


October  1 71  h,  188», 
12  noon. 


Kill  of  Sale  dated 
Ocir.  1 0th.  I88H. 


John  Lambert  Teii- 
ney  of  Victoria, 
B.  C.     Merchant. 


Decemb<>r        12th, 
1891,  12  noun. 


Bill  of  Sdu 
Derember 
1891. 


dated 
loth. 


raclHc  Sealing  Com- 
pany, Limited, 
Head  office,  Vic- 
toria, B.  C, 


(Exhibit  No.  ll-i.) 


NuillIxT  lif 

Traninctliiii'' . 


10 


30 


friiiii  wliiiiii   lillc 
\»  ilvrlvvd, 


Niiinlwr 

of   nllHri'K 

Hiri'vtvil, 


riii'ilii-  Hi-iiliiiK  I'll. 
Liil. 


:il     !  I'niillf  Si"iilin«  Cu 
Lt<l. 


'14 


114 


Dull-  III  Ui'KMry. 


K''l)rii«ry         I'Jili, 
ltlV2,  111.4.1  A.  M. 


NhIiiio  mill  (lati>  ul 
trRtiKiictlon. 


MmtKHKH        (IiiIimI 
Ki'bniarv    8  t  li ,  ' 
|Nt)2,  riir  fl.lHH). 


N'min,  KinUlauiu 
and  <irt'U|ialliiii  nf 
TrBnufiTiM',  Mcirl- 
l(iil(rf.  iir  iillii'r 
|i<'r«<>ii  «ri|iiirin;; 
lillt'  ur  |iowt'i-. 


Tlii-»|iliila  Tiiiiiii' 
Ori'cii  mill  Kri'd- 
rrii'k  llatiiiiii't 
WorliH'k,  liolh  of 
V'ctnrln,  It,  ('. 
Uniikur^i.       .Iiiiiit 


I 

Si-|il.  I»lli,  IHit'.'.  at    5Ii>rt|{ii)(e  II..  iIiiIimI  Thoiiiait  Karlu,  Mi-r- 

inSiiA.  M.          ^      .Sopt.  9lh,    ^h\l•i,  rhaiit.      Vii-turia, 

I                                         fiirTwii  tliiiiitanil  II.  ('. 

Il.kllMta    th*t  fuuw 


Dullata  (fJ.niHi) 
A  iiitfrciit  lit  (4% 
|icr  aiinuni. 


30 


40 


50 


»-i 


».i 


TliP<i|iliiU  'I'liriiiT 
(irt-vii  iind  Kred- 
iri'.'!:  Ilatiiniull 
Worliii'k,      jiiint  I 

llWII(^r^.  I 


laaae       Anliiliiild 

(illllld. 


U4 


21 


Ilv«'wiiber8lh,  ISy^, 
III  3.60  r.  M, 


Pobriiarv       I  n  d  , 
161*4.  at  S.-.iSi-.M. 


Kill  iif  Sale  diitiMJ 
Hill  ItetT.,  \»\<», 
under  Murl|{agc 
A. 


Isaac  Ari'liilmid 
Gould,  i)f  Vii'- 
toria,  11.  C.  Man 
U-r  Mariiii'i'. 


Dill  of  Sale  dalfd 
1  8  t  li  January, 
1894. 


Ortander  Warner, 
of  Victoria,  II.  C. 
Ship  Wrii(lil. 


;I4     I  Orlando  Warner. 


21  May  I7lh.  1804,  at  !  Mort|{agoC,  dated 

I  H  I-.  M.  I      I7tli  May.  1894, 

I  for  t2S0,  with 
interest  at  la^ 
|ier  annum. 


Richard  Hall,  of 
Victoria,  II  C. 
8hi|io«ni>r. 


»S 


38 


Richard  Hall. 


21 


January  ISth,  I89S, 
at  8.!I0  r.  M. 


Dincharito  of  Mort-  '  Orlando  Warner,  of 
t;ageC,     Receipt  j      Victoria,     H.    C- 
dated  ISth  Janu-  |      Shipwright, 
ary,  1895. 


Isaac    Archibald 
Mould. 


■32 


l»ecr.    inth,    1895, 
at  1.20  r.  M. 


Bill  of  Sale   dated 
Irith  Deer.,  18'J5. 


Mary  Logan  Fulton, 
wife  of  Captain 
O.  N.  Fulton,  of 
Onslow,  Nova 
Scotia. 


S8 


(aaac    Archibald 
(tould. 


Orlando  Warner. 


II 


21 


Deer.    Ifith,    1896, 
1.2U  p.  M. 


I 
Dill   of  Sale  dated    John  Ed^ar  Fulton, 
lath  l>ecr.,  1805.    j      Matter    Mariner. 
Ontlow,        Nova 
Scotia. 


Deer.    ISth.    1895, 
l.SO  r.  u. 


Bill  of  Sale  dated 
16th  Peer  ,  1895- 


John  Kdgar  Fultim, 
Ma.4tcr  Murinur, 
Onslaw,  Novu 
Scotia. 


60 


881 

(Exhibit  Vo.  IIH.) 

EXHIBIT  No.  118  (0.  B.).  CLAIM  No.  15. 

Certified  copy  of  Libel  in  proceediriKs  in  United  States 
District  Court  in  Alaska  in  cbhu  of  United  States  vs. 
"Black  Diamond." 

Be  it  further  renienibered  that  on  the  l«th  day  of  Sep- 
tember, 1881»,  a  Munition  was  duly  insued  in  said  cause. 
10  which  is  in  words  and  H^ures  following,  to  wit: 

In  the  United  States  District  Court,  in  and  for  the 
District  of  AhiHka. 

The  Pi-esident  of  the  United  States  of  America,  to  the 
Marshal  of  the  District  of  Alaska,  (Ireetinj;: 
Whereas:  A  libel  of  information  hath  been  filed  in  the 
District  Court  of  the  United  States  for  the  District  of 
Alaska,  on  the  14th  day  of  Septemlwr,  in  the  year  A.  D. 
188J>,  by  Whit.  M.  Grant,  United  States  Attorney  for  the 

20L)i8triot  aforesaid,  on  behalf  of  the  United  States  of 
America,  against  seventy  six  ("•0  fur  seal  skins  and  one 
(1)  rifle,  as  forfeited  to  the  use  of  the  United  States  for  the 
reasons  set  forth  in  the  said  libel  of  information,  and  pray- 
ing the  usual  process  and  monition  of  said  Court  in  that 
behalf  to  be  made,  and  that  all  persons  interested  in  the 
said  seal  skins  and  rifle  may  be  cited  in  general  and 
special  to  answer  the  premises,  and  all  proceedings  being 
had,  that  the  said  seal  skins  and  rifle  may  for  the  causes  in 
said  libel  of  information  mentioned,  be  condemned  as 

3°  forfeited  to  the  use  of  the  United  States. 

You  are  therefore  hereby  ctmimanded  to  attach  the  said 
seventy-six  fur  seal  skins  and  rifle,  to  detain  the  same  in 
your  custody  until  the  further  order  of  the  Court,  respect- 
nig  tlie  same,  and  to  give  notice  to  all  persons  claiming 
the  same,  or  knowing  or  having  anything  to  say  why 
the  same  should  not  ne  condemned  and  sold  pursuant  to 
the  prayer  of  the  said  libel  of  information,  that  they  be 
and  appear  before  the  said  Court  to  be  held  in  and  for  the 
District  of  Alaska,  on  Saturday  the  28th  day  of  Septem- 

40ber,  188!»,  at  10  o'clock  in  the  forenoon  of  the  same  aay,  if 
the  same  shall  l)e  a  day  of  jurisdiction  otherwise  on  the 
next  day  of  jurisdiction  thereafter,  then  and  there  to  in- 
terpose a  clami  for  the  same  and  to  make  their  allegations 
in  that  behalf,  and  what  you  shall  have  done  in  the  premi- 
ses do  you  then  and  there  make  i-eturns  thereof,  together 
with  tills  writ. 

Witness:  The  Honorable  John  H.  Keatley,  Judge  of 
said  Court,  and  the  seal  thereof  affixed  at  the  town  of 
Sitka,  in  the  District  of  Alaska,  this  1«>  day  of  September, 

5°  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
eiglity-niue,  and  of  the  Independence  of  the  United  States 
the  one  hundred  and  fourteenth. 

HENRY  E.  HAYDEN, 
|L.  s.l  Clerk  U.  S.  District  Court. 

WHIT.  M.  GRAiNT, 

U.  S.  District  Attorney. 

(Endorsed)— No.  202.— In  the  U.  S.  Dist.  Court,  Dist.  of 
Alaska.— United  States  vs.  76  Fur  Seal  Skins  and  1 
^         Kifle.— Monition.— Returned  and  filed,  Sept.  28,  1889. 
— H.  E.  Hayden.  Clerk. 


i 


No.  2<i2.     Decree. 


(Exhibit  xNo.  21  U.  8.) 
United  States  Exhibit. 

KXHIBIT  No.  SI  (U.  8.).  CLAIM  No.  16. 

Certiflod  copy  of  Decree  in  itroceodiiigH  in  United  States 
District  Court'in  AiiiHldi  in  case  of  United  States  vs. 
"Bhuk  Diamond." 

•o  And  afterwards  to  wit,  on  Hepteniljer  'iH  the  following 
furtlier  proceedings  went  Imd  in  said  cauHe  and  ap|M>ar  or 
record,  which  are  in  wohIh  and  flgnre.s  foliowing.  to  wit: 

At  a  Htated  term  o!  ihe  District  Conrtof  the  United  States 
<:i  and  for  th<>  District  of  Alaska  held  at  Sitka,  in  said 
District,  on  this  2Mth  day  of  Sef.tenil)er,  Ishk. 

I'resent  -  Tlie  Hon.  .Iohn  H.  Keatley,  District  J ndge. 
TliG  United  States  | 

f.s.  . 

2o"*l  Kur  Seal  Skins  and  One  Rifle.  ) 

This  cause  came  on  to  he  Iw-ard  on  ni«>tion  of  Whit.  M. 
Grant.  United  States  District  Attorney,  and  it  appearing 
to  the  Court  that  the  monition  had  been  issued  herein  ana 
the  Marshal  returned  thereon  that  he  had  attached  the  7H 
fur  seal  skins  and  one  rifle  and  Kiven  due  notice  as  required 
by  law  that  all  persons  claimiu);  the  sivine  should  appear 
before  this  Court  at  t«'n  o'clock  a.  m.  on  this  September 
2Sth,  issi),  at  Sitka,  and  then  and  there  interpose  their 
claims  and  make  their  allef^ations  in  that  behalf,  and  at 

30said  time  and  date  proclamation  was  duly  made  as  re- 
quired by  law,  and  no  claim  having  been  interposed  or  ap- 
pearance entere«l,  or  defence  filed,  it  is  therefore  ordered 
that  all  persons  interested  in  the  said  T(i  fur  seal  skins  and 
one  rifle  be  adjudged  in  contumacy  and  default,  and  the 
libel  of  information  adjudged  taken  f>rn  coiifesso. 

And  said  cause  having  lH>en  submitted  to  the  Court  upon 
the  pleadings  and  evidence  and  the  Court  being  fully  ad- 
visf  d  in  the  premises,  and  having  filed  his  findings  of  fact 
and  conclusions  of  law  herein. 

40  It  is  therefore  ordered,  sentenced,  and  decreed  by  the 
Court  that  id  7<l  fur  seal  skins  and  one  rifle  be  and  the 
same  are,  fv  r  the  reasons  set  out  in  the  libel  of  informa- 
tion herein  condemned  as  forfeited  to  the  use  of  the  United 
States,  and  it  is  further  ordered  that  the  Clerk  of  this 
Court  issue  to  the  Marshal  of  this  District  the  usual  writ 
of  imdiliinii  e.rfxinos,  commanding  him  to  cause  the  said 
7i\  fur  seal  skins  to  1m'  transferred  from  his  office  at  <  Kin- 
alaska  to  San  Francisco,  California,  and  there  to  sell  the 
same,  and  that  he  .sell  the  one  rifle  in  this  District. 

50  That  he  give  at  l»!ast  Id  days  notice  of  the  time  and  place 
of  said  sales,  and  to  pay  the  proceeds  into  Court,  to  be  dis- 
posed of  according  to  law. 

The  Marshal  is  ordered  to  keep  a  separate  and  detailed 
account  of  all  the  e.xiienses  connected  with  said  property, 
and  where  the  expense  is  connected  with  other  like  prop- 
erty, he  will  apportion  the  same  and  charge  the  above 
property  with  its  share  of  the  same  separately,  and  report 
same  to  the  Court  with  his  report  of  sales.  Said  rifle  snail 
not  be  sold  to  Indians. 

60  JOHN  H.  KEATLEY. 

Judge  Dist.  Court. 

(Endorsed)-  No.  202— The  United  States  vs.  76  fur  seal 
skins -Decree.— Filed  Sept.  28.  1889.— H.  E.  Haydon, 
Clerk. 


M 


fejy 


(Exhibit  No.  114.) 
Claim  Ho.  10,  **Lll7." 

EXHIBIT  No.  114  (0.  B.),  CLAIM  No.  16. 

Cei'tifletl  copy  of  Decree  in  proceedin^H  in  United  StatcH 
Dintrict  Court  in  AlaHkn  in  case  of  L'nit«)(l  HtatuH  rs.  :W.\ 
Fur  Seal  Hkins. 
And  Rflerwui-ds  to-wit,  nn  Septonilier  'js  the  follovviuK 
i<3  further  procepdin^H  wen*  hnd  in  njiid  cauHe  and  ap|)enr  of 
record,  which  ar«'  in  words  and  Hki"^^  f«»IIowinK,  to-wit: 
At  a  stated  term  of  the  District  Court  of  th«-  United  Staten 
in  and  for  the  Diritrict  of  Alaska  held  at  Sitka,  in  said 
District,  on  this  'jxih  day  of  St'ptemlter,  Ihnh. 
Present— Tlie  Hon.  John  H.  Kkatley.  District  Judge. 
The  United  States       i 

I'M.  V  Xo.  i>o7. 

Fur  Seal  Skins.  S 

20  This  cause  came  on  to  he  heard  on  motion  of  Whit.  M. 
Grant,  United  States  Distri«-t  Attorney,  and  it  appearing 
to  the  Court  that  the  monition  had  Inten  issued  herein  and 
the  Marshal  returned  thereon  that  he  had  attached  the 
333  fur  seal  skins  and  given  d>  i<itic(!  as  required  hy  law 
that  all  persons  claiming  the  sa  ^  should  appear  hefore 
this  Court  at  ten  o'clock,  a.  m.,  on  iliisSeptemhertis,  IHSU, 
atHitka,  and  then  and  theie  interpose  their  claims  and 
make  their  allegations  in  i  ut  it«'i:)lf,  and  .li  said  time 
and  date  proclamation  wa  ujly  made  a*^  required  by  law, 
3oand  no  claim  having  heen  inter|Xied  or  aiqtearance  en- 
tered, or  defence  filwl.  it  is  tlier*  ff  •  •  ordere«l  that  all  per- 
sons int(>rested  in  the  said  33.'^  tr  ^eal  skins  be  adjudged 
in  contumacy  and  default,  tiud  tlie  libel  of  mformation  ad- 
judged taken  pro  cohJ'csso. 

And  said  cause  having  l>een  submitted  to  the  Court  upon 
the  pleadings  and  evidence  and  the  Court  being  fully  nd- 
vised  in  the  promises,  and  iiaving  filed  his  findings  of  fact 
and  conclusions  of  law  hemn. 
It  is  thei'efore  ordertni,  st>nteiiced  and  decreed  by  the 
40 Court    that    said    333  fur  seal  skins    be    and    the  same 
are,    for    the    reasons    set  out  in    the    libel    of    infor- 
mation herein  condemned  as  forfeited  to  the  use  of  the 
United  States,  and  it  is  further  ordered  that  the  Clerk  of 
this  Court  issue  to  the  Marshal  of  this  District  the  usual 
writ  of  vcinlitinni  exftonus,  conimanding  him  to  cause 
the  said  333  fur  seal  skins  to  Iks  transfeired  from  his  office 
at  Ounaiaska  to  San  Francisco,  California,  an«l   there  to 
sell  the  same. 
That  he  give  at  least  lo  days  notice  of  the  time  and 
50 place  of  said  sales,  and  to  pay  the  proceeds  into  Court,  to 
te  disposed  of  acci>iding  to  law. 

The  Marshal  is  oi-dered  to  keep  a  separate  and  detailed 
account  of  all  the  expenses  connected  with  said  property, 
and  where  the  expense  is  connected  with  other  like  prop- 
erty, he  will  apportion  the  i?ame  and  charge  the  above 
property  with  its  share  of  the  same  separately,  and  report 
same  to  the  Court  with  his  reirart  of  sales. 

JOHN  H.  KEATLEY, 

Judge  Dist.  Court. 
60 (Endorsed)— No.  ;">7.— The  United  States  va.  333  Fur  Seal 
Skins.— Decree.-Filed  September  28,  1889.— H.    E. 
Haydon,  Clerk. 


384 


10 


(Exhibit  No,  20.) 

United  States  Exhibit. 

EXHIBIT  No.  20  (U.  8.),  CLAIM  No.  16. 

Certificate  ok  British  Registry. 

Ship  "Lily." 

Particulars  of  Ship. 

Official  Number  of  Ship.  83,443.  Name  of  Ship,  "  Lily." 
No.,  Date  and  Port  of  Registry,  No.  1,  March  15th,  1882; 
Victoria,  B.  C.  No.,  Date  an^  Port  of  previous  registry 
(if  any),  Fii-st  Registry.  Whether  British  or  foreign 
built,  Foreign.  Sailing,  Where  built.  Essex,  Mass.,  U.S.A. 
When  built,  18.')1,  Name  and  address  of  builders,  un- 
known. 


No.  <)f  Decks One 

20  No.  of  .Masts Two 

Rigged Scliuoner 

Stern Square 

Galleriea None 

Head Billet 

Franieworli Wood 


Length  from  fore  part  of  stem,  j 
under  the  bowspirt,  to  the  I 
aft  aide  of  the  head  nf  att-rn  ' 
poat    

Main  breadth  to  outaide  plank. 

Depth  in  hold  from  tonnage  j 
deck  to  ceiling  at  niidahipa.  i 


73.5 
21.2 

7.8 


Particulars  of  Tonnage. 


Gram  Tonnage. 

30  Tona. 

U ndt-r  Tonnage  Deck 67.16 

In  cloaures  on  upper  deck 1  67 

CirosB  tonnage 68  76 

Deductions,  as  per  contra .... 

Registered  Tonnage 68 .  76 


Deductions  Allowed. 


Tona. 
Nil. 


I,  the  undersigned  Registrar  of  Shipping  at  the  Port  of 
Victoria,  B.  C,  hereby  certify  that  the  ship,  the  descrip- 
40  tion  of  which  is  prefixed  to  this  my  certificate,  has  been 
duly  surveyed,  and  that  the  above  description  is  true;  that 
W.  H.  Dyer,  whose  certificate  of  Compotency  or  Service 
is  No.  ,  is  the  Master  of  said  ship;  and  that  the  name. 
Residence  and  Description  of  the  Owner  and  the  Number 
of  sixty-fourths  shares  held  by  him  are  as  follows: 

Jacob  Gutman,  of  Victoria,  B.  C,  Canada,  owns  sixty- 
four  shares. 

Dated  at  Victoria,  B.  C,  the  2fith  day  of  April,  one 
thousand  eight  hundred  and  eighty-eight. 

(Endorsed)— I  Hereby  certify  that  John  Reilly  has  been 
appointed  Master  of  the  within  named  ve.ssel. — Cus- 
tom House,  Victoria,  B.  C— A.  R.  Milne,  Col.— No. 
2u7.— Filed  Sept.  28,  '8V>.— H.  E.  Haydou,  Clerk. 


pTlUo 


885 


1890. 
Dec.    SO. 


lO 


1691. 
Feb.    2«. 
Ucli.   18 
M»y    13 


1890. 
Dec.    I«. 


20 


1891. 
Jan.     12. 


30 


29. 


Mch.   20. 


40 


Mch.  26 . 
.SI. 

Apl.    a . 


50 


20 

2H. 
M»y     I . 


00 


(Exhibit  No.  115.) 
Olalm  No.  26,  '*Sayward  Costs." 

EXHIBIT  No.  116  (0.  B.).  CLAIM  No.  26. 

Detailed  Statement  of  Vouchers. 
Re  "  Say  ward  "  costs. 

J.  H.  Clioetes.  Retainer 12,000  00 

.1.  H.  Cliuates.  Counsel  fee 28,000  00 

127,000  00 

C.  Carlisle,  ii  c  fees. $1,000  00 

C.  Carllnle,  2,000  no 

C.  Carlisle.  ft.dOO  00 

C,  Carlisle,  Counsel  fee 20,iiiio  oo 

29,000  00 

DISUIRSEMKXTS  AND   K.XI'KNSKS  OF 
CALl)KIU)N  CARLISLE. 

Amount  |iai(l  for  Mr.  Sedyjewlck  for  telef;rain 

to  Sir  ,lolin  Tlionipaon |I4  54 

Telegrams  to  Depart  nuMit  of  . I  iistiee 19  fift 

Teli-Krams  to  A.  I,.  Uuljea,  Vie.,  H.  C   101  «4 

Telegrams  from           Ok.                          1.^7  08 

Telegrams  lojolin  .\.  Wri^lit,  San  Kranciseu  80  h4 

Telegrams  from                 Do.  27   17 

.Miscellaneous  telegrams 1 2  04 

By  paid  R.  O.  I'olkinhnrn  for  piintini;  Teti. 
tion,  Suggestion  and  I'rt'liininnry  lirlof: 
Voucher  No.  1 268  85 

iiy  paid  Ditto  lor  printing  Brief  in  Reply 
and  Additional  Brief  in  Reply ;  Voticner 
No.  2 240  70 

By  paid  Ditto  for  printing  Orders,  Minutes, 

Rule  and  opinion  of  Court ;  Voucher  No,  H .  6  BO 

By  paid  Oscar  I.uclcett  for  special  services  to 
Mr.  Sedgewicli,  Mr.  Clioate,  and  superin- 
tendence of  printing;  Voucher  No.  4 240  00 

By  paid  Wm.  G.  Johnson  for  special  profes- 
aional  services ;  Voucher  No.  5.   278  00 

Expenses  of  self  to,  from  and  during  stay  at 

Ottawa ;  Vouclier  No.  i!  78  00 

By  paid  George  R.  Ferry  (O.  E.  Ferey),  Cap- 
tain of  "  Sayward,"  expenses  of  return 
journey  to  Victoria ;  Voucher  No.  7 185  00 

Deposited  with  Clerk  Supreme  Court  of  the 
United  States  for  costs;  Voucher  No.  8. . .  80  00 

Refunded  to  (?has.  Strauss  amount  deposited 
by  him  on  docketing  appeal  with  Clerk  of 
Supreme  Court  of  United  States  ;  Voucher 
No.  9 25  00 

MiKcellaneous ;   Voucher  No.  10 ..  8  05 

Mr.     Carlisle's     expenses     to     New    York ; 

Vouclier  1 26  00 

By  paid  U.  S.  Coast  «t  Geodetic  Survey  for 
platting  positions  of  "Sayward,"  from  July 
2  to  9th,  1887  ;   Voucher"  No.  2   '.  15  97 

Ivxpenscs  of  Mr.  Liickett  to  New  Vork  to  ob- 
tain rt  jasu  from  Chas.  Strauss ;  Voucher 
No.  8 17  »0 

By  paid  Judd  A  Del  .eiller  for  printing 
record  of  proceedings  in  District  Court  of 
Alaska  ;  Vchr  4 522  50 

By  paid  Norris,  I'elers  A  Co.,  for  lithograph 

ing  map ;  voucher  5 80  00 

By  paid  John  A.  Wright  for  professional  ser- 
vices ;  vouclier  6 260  00 

By  paid  do.  for  expenses 4  00 

Paid  M.  N.  Stansbury  for  supervising  print- 
ing of  record  of  proceedings  in  Dist.  Court; 
voucher  7 20  00 

Paid  H.   0.   Polkinliorn  for  printing  briefs; 

vouchers 986  OS 

Paid  Judd  A  De'weiller  for  printing  record 
on  appeal ;  vchr  9. . . , 56  00 

Paid  J.  G  Hodges,  binding;  vchr  10 54  75 

Telegrama  7  44 

Sundries,  eT^preak  charges,  dc 12  90 

S.897  77 


h 

V 

i! 


t* 


(Exhibit  No.  115.) 

Belyea  A  Gregory '■  Aecoont  for  1890,  taxed  at tl.SOO  00 

DeUili  of  Belyea  A  Oresory'i  BUI  of  Cmta 
for  1890: 
1890. 
Jany.  fi.    To  amount  advanced  to  Capt.  Ferey  on  going 

to  New  York 1140  00 

20.     Toamount  paid  for  typewriting  documenta..  IB  75 

Feby.  3 .     Expenies  of  measenger  to  Naoaimo  to  catcli 

steamer  for  Sitlca 10  00 

10  10.     Ezpensea  of  measenger  going  to  Sitka ;  trani- 

porUtion 108  00 

Board  A  general  ezpenies,  ditto AO  00 

Paid  Clerk  of  Court BO  00 

868  76 

Belyea  &  Gregory,  foh  cash  ad- 
vances re  "W.  P.  Sayward,"  ex- 
clusive OF  AMOUNT  advanced  AS 
PER  PREVIOUS  STATEMENT,  AND  PAID. 

1890. 
2Q  Dec.    26.     To  paid  cnb  liire  delivering  message  to  Mr. 

Belyea 60 

Paid  telegram  to  New  York  »•«  "  Sayward". .  8  00 

1891. 
Jan.      2.     Paid   cab   hire  interviewing  Judge   Drake, 
Collector  of  Customs,  M.  Moss  and  Captain 

Warren l  00 

Feb.    17.     Paid  cab  hire  to  U.  S.  consul  and  boat   to 

Sitka 2  00 

18.  Paid  on  deliverv  of  former  telegrams 60 

Paid  Collector  of  Customs,  Victoria,  for  forms 

for  messenger  to  Sitka  to  expedite  copying 

records 7  60 

.QMar.     8.     Paid  teles;ram  to  T.  H.  Cooper 4  60 

^  Paid  second  telegram      do 1  2S 

B.     Paid  cab  hire  twice  to  outer  harlrar  to  Sitka 

steamer  sending  instructiunn  to  iiiessenger.  2  00 

19.  Paid  U.  S.  Consul  for  taking  affidaviU  of  J. 

D.  Warren,  &  cab  fare 6  26 

24.     Paid  transportation  of  messenger  to  and  from 

Sitka 102  00 

Paid   Clerk  of  Court  at  Sitka  for  certified 

copies  of  records  (voucher) 166  00 

Paid  expenses  at  Juneau  r<  Delaney  affidavit.  26  00 

Paid  expenses  at  Port  Townsend 7  00 

Paid  expenses  at  Sitka  and  general  expenses.  60  00 

.- Apl.     14.     Paid  telegram  from  messenger  at  Washing- 

^^  ton 170 

27.     Paid  expenses  paid  by  messenger  to  Wash- 
ington aa  follows : 

Ticket  to  Chicago  <i:  return 11600 

Stateroom  to  Tacoma 1  80 

Pullman  to  Chicago 16  60 

Ticket  Oliicago  to  Washington  and  Pull- 
man    22  60 

7  days'   meals   on  triin,  waiter,  porter, 
hack   and    baggage  transfer  cliarges, 

4c 30  00 

Expenses   at   St.  Paul,  I  day,  inclmling 
..  many  telegrams,  <&c.,  rt  valise  contain- 

5^  ing  papers  missent  12  00 

Hotel    expenses   at   Washington,   hack, 

baggage.  &c 36  00 

Ticket.  Washington  to  Chicago 18  00 

Pullman  on  return 20  00 

Meals,  waiter,  porter,  hack,  and  baggage 
transfer  chaises  on  return  trip 30  00 

t677  80 

R.  O.  Polkinhorn  ;  Printing 90  50 

Gibson  Bros.;  Printing 70  76 

Johns  (t  Easton  ;  Stenographers 144  00 

306  26 

"®  162,849  67 

Less  refund  from  Mr.  Carlisle 2  46 

Total (62,847  12 


387 

(Exhibits  Nos.  116,  117,  118,  119, 120, 121  and  (U.  S.)  22.) 
EXHIBIT  No.  116  (0.  B.).  CLAIM  No.  26. 

Bound  Volumes  Nos.  I.,  II.  and  III.  in  "Sayward  Case  " 
taken  from  Parliamentary  Library  of  Canada. 

By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  was  returned  to  counsel  for  Great  Britain  and 
is  not  printed. 


10 


Claim  No.  24,  '*  Winifred  "  (Continued). 

EXHIBIT  No.  117  (G.  B.).  CLAIM  No.  24. 

Log  book  of  schooner  "Winifred." 
By  order  of  the  Commissioners,  on  consent  of  counsel, 
this* exhibit  is  not  printed. 


20 


Claim  No.  1,  "Carolena"  (Continued). 

EXHIBIT  No.  118  (0.  B.).  CLAIM  No.  1. 

Sealing  Chart  (4)  showing  the  position  and  number  of 
Seals  observed  in  Behring  Sea  and  reported  by  United 
States  Vessels  in  1891. 


EXHIBIT  No.  119  (O.'B.).  CLAIM  No.  1. 

Map  No.  1,  at  page  26  of  Senate  Document  137,  Part  2 
,Q(54th  Congress),  showing  area  at  Northeast  Point  Rook- 
ery occupied  by  Fur  Seals  in  1S95  as  determined  by  C.  H. 
Townsend,   Assistant  to  U.   S.  Commission  of  Fish  and 
Fisheries. 


EXHIBIT  No.  120  (0.  B.),  CLAIM  No.  1. 

Map  No.  2,  at  page  26  of  Senate  Document  137,  Part  2 
(54th  Congress),  showing  area  at  Polavina  Rookery  occu- 
pied by  Fur  Seals  in  1895,  as  determined  by  C.  H.  Town- 
40 send,  Assistant  to  U.  S.  Commission  of  Fish  and  Fish- 
eries. 


EXHIBIT  No.  121  (G.  B.),  CLAIM  No.  1. 

Map  No.  3,  at  page  26  of  Senate  Document  137,  Part  2 
(54th  Congress),  showing  area  at  Ketavie  and  Lukannon 
Rookery  and  Reef  and  Garbotch  Rookeries  occupied  by 
Fur  Seals  in  1895,  as  determined  by  C.  H.  Townsend,  As- 
sistant to  U.  S.  Commission  of  Fish  and  Fisheries. 


50 


United   States    Exhibits. 

EXHIBIT  No.  22  (U.  S.),  CLAIM  No.  1. 

Memorandum  as  to  the  Law  Governing  the  Rate  of 

Interest  in  British  Columbia. 

The  first  statute  upon  the  subject  is    an  Ordinance 

passed  by  the  Legislative  Council  of  British  Columbia  in 

the  time  of  Governor  Seymour,  dated  the  4th  May,  1864, 

60  which  enacted  as  follows  :  — 

"  In  all  cases  of  demands,  either  at  law  or  in  equity,  in 
'*  which  the  parties  shall  have  made  no  express  stipula- 
"  tion  for  interest  aiier  any  definite  rate,  and  in  which  in 
"  England  it  would  be  lawful  for  the  Court  or  the  jury  to 
"allow  interest,  it  shall  be  lawful  for  the  jury,  or  (when- 


V- 


388 


I 


I-' 


(Exhibit  No.  22  U.  S.) 

"  ever  the  Court  alone  has  to  decide  the  facts  without  a 
"jury)  the  Court  to  allow  such  rate  of  interest  as  may 
"appear  just,  not  exceeding  the  rate  of  one  per  centum 
"j)er  mensum,  to  be  reckoned  from  the  times  at  which 
"  interest  would  be  calculated  in  England." 

Tills  governed  all  cases  except  judgments,  which  were 
subject  to  an  Imjierial  Statute,  1  and  2  Victoria,  Chapter 

lolIO,  Section  17,  which  had  been  made  law  in  the  Provmce 
of  British  Columbia  under  a  general  statute  introduciug 
the  English  law  as  far  as  applicable  to  the  Colony. 

The  section  of  the  Impeiial  Act  above  leferred  to  is  in 
the  following  words  : — 

"17.  That  every  judgment  debt  shall  carry  interest  at 
"  the  rate  of  four  pounds  per  centum  per  annum  from 
"  the  time  of  entering  up  judgment,  or  from  the  time  of 
"the  commencement  of  this  Act  in  cases  of  judgments 
"  then  entered   up  and  not  carrying  interest  until  the 

2o  "same  shall  be  satisfied,  and  such  interest  may  be  levied 
"  under  a  writ  of  execution  on  such  judgments." 

The  law  stood  in  this  shape  until  the  t»lh  March,  l!Sfi7, 
when  in  consequence  of  the  union  between  the  Colony  of 
Vancouver  Island  and  British  Columbia,  another  ordinance 
relating  to  interest  was  passed,  which  repealed  the  Inter- 
state Ordinance  of  18(i4,  and  Ity  Section  2  enacted  as  fol- 
lows : 

"  2.  In  all  cases  of  demands,  either  at  law  or  in  equity, 
"  in  which  the  parties  shall  have  made  no  express  stipu- 

30  "lation  for  interest  after  any  definite  rate,  and  in  which 
"  in  England  it  would  be  lawful  for  the  Court  or  the  jury 
"to  allow  interest,  it  shall  l)e  lawful  for  the  Court,  or 
"  (whenever  the  Court  alone  has  to  decide  the  facts  with- 
"  out  a  jury)  for  the  Court  to  allow  such  rate  of  interest 
"as  may  be  proved  just  and  reasonable,  and  in  cases 
"where  not  so  proved,  such  rate  of  interest  as  may  ap- 
"  pear  iust,  but  not  exceeding  the  rate  of  one  pei-  centum 
"per  mensum.  to  be  reckoned  from  the  time  at  which 
"  mterest  would  be  calculated  in  England." 

40  This  statute,  it  will  be  observed,  did  not  relate  to  inter- 
est on  judgments,  which  are  still  subject  to  1  and  2  Vic- 
teria.  Cap.  110.  Section  17. 

In  the  year  lss(i,  the  Dominion  Parliament,  in  pursu- 
ance of  tne  powers  contained  in  Section  121>  of  the  British 
North  America  Act,  passed  a  statute.  Number  44,  intituled 
"An  Act  respecting  Interest  in  the  Province  of  British 
Columbia,  which  provided  as  follows: 

"1:  In  the  Province  of  British  Columbia,  in  all  cases 
"  where  interest  is  chargeable  or  recoverable  at  law,  or  by 

50  "any  contract  expressed  or  itnplied,  or  upon  any  judg- 
"ment  of  any  Court  in  British  Columbia,  if  the  rate  of 
"interest  has  not  been  agreed  upon  in  writing,  such  rate 
"shall  be  six  per  centum  per  annum." 

"2:  In  all  cases  in  which  judgment  is  recovered  upon 
"any  contract  in  writing,  in  or  by  which  interest  at  a 
"higher  rate  than  six  per  centum  per  annum  has  been 
"agreed  to  be  paid,  the  amount  awarded  by  such  judg- 
"  ment  shall  bear  interest  at  the  rate  agreed  upon,  not, 
"however,  exceeding  twelve  per  centum  per  annum." 

60  This  Act  purported  also  to  repeal  the  British  Columbia 
Interest  Ordinance  of  1867,  but  by  a  clerical  error  the 
Ordinance  repealed  is  stated  to  be  Number  71  instead  of 
Number  91,  which  was  the  Ordinance  in  question. 

The  provisions  of  Chapter  44  of  the  Dominion  Statutes 
were  carried  forward  into  the  Revised  Statutes  of  Canada, 


880 


(Exhibits  Nos.  22  and  23  U.  S.) 

1886,  under  Chapter  127,  from  Sections  24  to  27  inclusive. 

In  1890  the  Dominion  Parliament  passed  another  Stat- 
ute, Number  34,  which  repealed  the  section  relating  to 
interest  in  British  Columbia  contained  in  the  Revised 
Statutes,  Chapter  127  before  referred  to. 

By  this  means  the  only  clause  relating  to  interest  in 
Chapter  127  was  Section  2,  in  the  following  words: 
10  "2:  Wherever  interest  is  payable  by  the  agreement  of 
"  the  parties  or  by  law,  and  no  rate  is  fixed  by  such  agree- 
"  nient  or  by  law,  the  rate  of  interest  shall  be  six  per 
"  centum  per  annum." 

In  the  case  of  the  British  Columbia  Corporation  v. 
Coughlan,  reported  in  3  British  Columbia  Reports,  at  page 
273,  Mr.  Justice  Drake  held  that  the  provisions  of  Section 
2  applied  to  British  Columbia  by  reason  of  the  construc- 
tion to  be  placed  upon  the  Interpretation  Act,  Chapter  1 
of  the  Revised  Statutes  of  Canada,  1886,  Section  7,  of 
20  which  provides  as  follows: 

"7:  In  every  Act  of  Parliament  of  Canada,  unless  the 
"  context  otherwise  requires,  the  enactment  shall  apply 
"  to  the  whole  of  Canada." 

In  the  case  of  Reg.  v.  The  Beatrice,  Vol.  5,  Exchequer 
Court  of  Canada  Reports,  p.  160.  Interest  at  Q%  was 
allowed  against  the  Crown  on  the  amount  of  damages 
assessed  for  the  illegal  seizure  of  the  ship. 

EXHIBIT  No.  28  (U.  S.),  CLAIM  No.  1. 
30 

London,  30th  October,  1889. 
Prompt,  13th  November,  1889. 
AccoDNT  Sales. 
Sold  by  oi-der  &  for  Account  of  Messrs.  Carne  &  Munsib, 

@  p.  sale. 
Per  ' '  Viva  "  &  "  Fremona.  " 
^-  ^  ^-     13  Casks  Salted  Fur  Seal  Skins. 

Lot         20.  24  Middlgf.  Fur  Seal  skins,  @«1/.  ea...  49  4  0 

40                 41.  611  Smalls                  "                 '•  i\/.   "   ..  128  0  0 

22/24.  190  Large  pups          "                "  42/-   "   . .  399  0  0 

26.  77  Mlddlg. '•  "                "47/-  -   ..  180  19  0 
28.       77        "46/.   "    ..  173  &  0 

27.  88  Small     "  '■  •  38/-  "   . .     167    4  0 

28/29.     178        "88/.   "    ..     384     8  0 

80/31.     141   Ex.  Small  "  "31/-   "   ..     218  U  0 

32.       18  Large  pups         "  "29/-   "   ..        18  17  0 

10  Mlddlg."  "  "29/.  "   ..       14  10  0 

18  Small     "  "  "  29/-   "   . .       23     4  0 

1,702     2     0 

872 

Di8count2i°^ 42  11     I 

50  

1,669  10  II 
Si-pt.  Srd.    Freight  on  58  Cks.  £162  0  0     Int.  31/6   .         163  116 

Dock  charges  it  Cartage  on  58  Cks 7  16  4 

Telegrams,  Ac 2  18  8 

Landing  charges 190 

Housing  <&  striking.. .   872  (w      3/9  p.  100         1   12  8 
•                     riling  awav  to  sorter. .   872"   I/IOJ        "  |6  4 

Weighing  fur  average..  200  "       2/tf        "  5  0 

Ceasing  for  assortment.  872  "       i/^  p.  120  18  3 

Counting  at  delivery..  872  "       1/3        "  u  1 

Rent  on  872  @  6  p.  1x0  p.  wk.,  10  weeks  . .  1   16  4 

Stowing  for  p.  sale,  mens  time 1     46 

<5o  

182     «  A 
Allowance  20%  on  £7  2  0 1     8  5 

180  18  1 

AasnrKng  for  sale,  672  @  6/2|  p.  100 2  55 

Public  sale  charges,  advertising,  Ac,  13  lots 

®  8/6 2  5  6 

Fire  Insurance 4  51 

Brokerage,  2^  per  cent 42  11  1 

232    5  S 

X1,427     6  9 


390 

(Exhibit  No.  24  U.  S.) 
Ex.  "Viva." 
Sales  of  30th  Oct.,  1889,  in  London,  by  Culverwell's. 
872  Sealskins  netted,  after  deducting  all  London  chaiees 
and  Ocean  and  Railway  Freight, 
£1,427  5  9—  @  4. 84  -  $6,908.07  -f-  872  =  792^  each. 


10 


EXHIBIT  Wo.  24  (U.  8.),  CLAIM  No.  1. 

London,  30th  October,  1889. 
prompt  13th  November,  1889. 
Account-  Sales. 

Sold  by  order  &  for  Account  of  Messrs.  Carne  &  Munsie, 

®  p.  sale. 

Per  "Viva"  &  "Grecian." 

37  Casks  Salted  Fur  Seal  Skins. 


IPi'- 


20C.  &  M. 
[VJ 

Lot    62. 

63. 
64/66. 
67/88. 
6»/72. 

73. 
74/80. 
81/82. 
88/85. 
86/87. 

8ti. 

89. 


18  Wigs  Fur  .Seal  skina  @  84/-  ea 


30 


81  Middlinga 
2A4  Smalls 
176      •■ 
824  Large  pups 

81       '• 
567      " 
184  Middig  " 
280        "      " 
186  Small     " 

46  Large     " 
8  Middig  •■ 

15  Small     ■■ 
2  Pieces    " 

2,226 


68/. 
80/. 
61/. 
60/. 

51/. 
60/- 
62/- 
63 / 
61/-' 
43/.  • 
37/-  ' 
87/-  ' 
87/-  ' 


Discount  2|%. 


. .  22  2  0 
. .  214  18  0 
..660  0  0 
. .  448  16  0 
..810  0  0 
..  206  11 
.  1417  10 
..478  8 
..742  0 
..  471  16 
..  98  18  0 
..  14  16  0 
. .  27  16  0 
S   14     0 


Oct.      21it. 


40 


50 


Rate  2.10 

Freight  on  80Cn»ks^  £218  16  8  Int.  13/10  21P  10  6 

Dock  charges  4  Cartage  on  80  Cka 11     7  9 

Telegrams,  ibc 3    4  « 

Landing  charges "       2  10  0 

Housing  4  striking        2,226  @  ;i/il*p.  ioo       4     .S  6 
Piling  away  to  sorter     2,226"   1/10,1     "         2     19 

Weighing  fur  average       700  "  2/6  '     '•        0  17  6 

Cesaing  for  assortment    2,226  "  2/6  p.  120       2     tl  P 

Counting  at  delivery       2,226  "   1/3         "         1     .H  2 

Rent  on  2,226  @  6  p.  120  cwt.,  4  weeks...        1    17  I 

Shewing  for  p.  sale,  mens  time,  ifrc 2  12  6 

251    14  8 

Allowance  20;^  on  £16  ^   11 .-5    0  5 

.  ,  248  14  a 
Aaaorting  for  sale  2,226  @  6/2^  p.  100. . .  6  16  11 
Public   sale  charges,   advertising,  Ac,  28 

loU@3/H 4    18  „ 

Fire  hisin-ance n    010 

Brokerage  2^  per  cent '.'.'......  140    8  6 


6,616  18     0 

140     8     6 

6,476     »     7 


413   17     6 


£6,062  12     2 

Ex.  "Viva." 
Sales  of  30th  Oct.,  1889,  in  London,  by  Culverwells. 
60  2,226  sealskins  netted,  after  deducting  all  London  charges 
and  Ocean  and   Railway  Freight,   £5,062  12  2  # 
4.84  =  $24,503.02  -5-  2,226  (g)  ll.OOJ  each. 


391 


10 


Lot 


ao 


30 


40 


(Exhibit  No.  26  U.  S.) 
EXHIBIT  No.  S6  (U.  S.).  CLAIM  No.  1. 

London,  30th  October,  1889 
Prompt  13th  November,  1889. 
Account  Sales. 

Sold  by  order  &  for  Account  of  Messrs.  Cahne  &  McxsiE, 

@  p.  sale. 

"Maby  Taylor"  &  "Fbemona." 

6  Casks  Salted  Fur  Seal  Skins. 


Per 
C.  &  M. 
M.  T. 


04. 

I< 

BS. 
fi«. 
67. 
68. 
69. 
«0. 


8  Middlg.  Fur  Seal  skins  @  40/-  each lA 

C8  Smalls  "  ••  40/-   " 

47  Largn  pups      "  "   86/-   " 

<i8   "  86/- "  ...;... 

49Middlg."  "  "   40/.    " 

78  Small     "  "  "   34/.    " 

41  Ex. ■■   80/-   ■■     .■.■.■■.'.■.■. 

16  Large    "  "  "  i29/-   " 

lOMIddlg."  "  "29/-   "     '.'.'.".'.'.'. 

6  Small     "  "  "   29/-   " 


0 
182  0 
84  12 
86  8 
98  0 
124  2 
61  10 
t8  4 
14  10 
8  14 


864 


Discount,  2i%.. 


649 
16 


0     0 
4     6 


6*2  Ifi     6 


Sep.      8rd. 


Landing  charges 

Housing  <b  striking 364  @  3/9   "p.  ioo..'! 

Piling  away  to  sorter 364  "  1/IOJ        "  ... 

Wti|;hing  for  average 160  "  2/6  "  ... 

Gassing  for  assortment 364  "  2/6      p.  12o! ! ! 

Counting  at  delivery 364  "  i/g  •< 

Rent  OD  364  ig  6  p.  120  p.  wk.,  10  weeks 

Showing  for  p.  »ale,  men  s  time,  <ftc ' 


Allowance  20%  on  £8  3  11.. 


8    6 
13     7 

6  10 
3     9 

7  7 
S  10 

16     2 
IS     2 

8  12     S 
12     9 


2  19  8 

Assorting  for  sale 364  @  B/  2 J  p.  100 1»  0 

Public  sale  charges,  advertising,  Ac,  7  lots  @  3/6 1     4  6 

Fire  Insurance j   jg  5 

Brokerage,  2^  per  cent  !.!..'.*.!!!.'  16    4  6 


38     0     1 
£609  15     6 


Ex.  •'  Mary  Taylor." 
Sales  of  30th  Oct.,  1889,  in  London,  by  Culverwells. 
364  Sealskins   netted,  after  deducting    all  London  charges  and 
Ocean     and     Railway    Freight,      £609  15  5  @  $4.84   -= 
$2,951.29  ^  364  =  $8.10f  each. 


50 


10 


302 

(Exhibit  No.  26  U.  S.) 
EXHIBIT  No.  S6  (U.  B.).  OLAIX  No.  1. 

London,  27th  October,  1890, 

Prompt  10th  November,  1890. 
Account  Sales. 
Sold  by  order  &  for  Account  of  Messrs.  Carnb  &  Munsie 

@  p.  sale.  ' 

Per  "  Norse  Kino  "  &  "  Viva  " 
C.  d-  M. 
V. 


Lot 


20 


1. 

2. 

8/6. 

7/8. 

9. 

10/18. 

M/16. 

IB. 

17. 


97  Siiidla 
247  Large  puns  , 
IBO  Middle.  ■• 

77      ..    »  .. 

278     Small  " 
173  Ex.   "     •■ 
84  Ex.  Ex.  " 
6  Smalls    "     cut 
lA  Larf^  pupa   " 
8  Middlg.  -      •' 
18  Small      •'      " 


17  Casks  Salted  Fur  Seal  Skina. 

( 


2  ^y'B"  9«l»e<I  Fur  Seala  Skina    @  84/-  ea 
38  Middlings  "  •• 


81/. 
'  74/- 
'  78/- 
'  79/. 

'  73/- 

'  82/. 

4»/. 

'  60/. 


168     0  U 

892  17  0 

918   18  0 

B86     0  0 

804     8  0 

1,014  14  0 

457  12  0 

76  10  0 


144     0     0 


1,147  Skins. 


Discount  21^,', 


4,066  14    0 


101     8    4 


It,;. 


Sapf.  2»th.    Freight  on  12  Cks.  =  .£88  2  6  Int.  10/2 

30  Sending  it  shipping  off  -  p.  B./L .",[ 

Telegrams,  Ac _' 

Landing  eliarses *.'.".'.'.'.'. 

Housing  *  striking ■." ." .'. .' '. '.  j . uV  @"  8/9  pV 

Piling  away  to  sorter 1,147  "  1/lOA 

Weighing  for  average 400  "  2/6 

CessTng  for  assortment 1,147  "  2/6  p 

Counting  at  delivery 1147   "  ]% 

Kent  on  1,147  @  6  p.  120  p.  wk  ,6  weeks. . 
Showing  for  p.  sale,  men's  time,  Ac. 


100 


120 


88 

4 
1 
2 
1 


8 
B 
0 

a 

0 

6 

0 

10 

11 

8 

10 


8,966     5     8 


40 


Allowance  20%  on  £8  10  9.. 

AMorting  for  sale i,,47  @  5/2*  p.  100 

1  ublic  sile,  charges,  advertising,  Ac,  17  lots  (&,  8/6 

tire  Insurance  1% '_'"/" 

Brokerage  iij  per  cent '.'.'.'.'.......'..'...""." 


108     7 
1   14 


101   12  10 

2  19  8 

2  19  6 

B     1  6 

101     8  4 


E.  E. 
Culverwells  Bros. 


A  B. 


-       214     1     9 
£1,741     8  11 


Ex.  "  Viva  "  &  "  Pathfinder." 
50  Sales  of  27th  October,  1890,  in  London,  by  Culverwells 

1,147  Sealskins  netted,  after  deducting  all  London  charges,  includ- 
mg  Ocean  and    Railvvav    Fi-Aio-hf    ^si  tai  o  11^..=,'.^. 


ing  Ocean 
118,107.38. 


and    Railway    Frerght,  £3,741"  3  Tl '  m 
118,107.38  ^  1,147  =  $16.79  per  skin. 


4.84 


893 

(Exhibit  No.  27  U.  S.) 
EXmBIT  No.  27  (U.  B.),  CLAIM  No.  1. 

London,  4th  July,  1889. 
prompt  18th,  1889. 
Account  Sales. 
Sold  by  order  &  for  Account  of  Messrs.  Cahne  &  Mcnsie, 

®1K  sale. 

Per  '•  Mary  Taylor." 
C.  &  M.     „  „     ,   ,      ^    , 

T  6  &  pt.  1.     Casks  Salted  Fur  Seal  Skivs. 

Lot  U.       6  MIddlg.  Silted  Fur  S«.iekin»,@<4/.f.,         II     0    0 
„      *'  ?■"•"  "  •■   4*/.  ••        00    4    ». 

it  Hmm^u^t    ;;  " "V"  ITS i«  0 

IB  HlUdlg.  "  ■•    «D/.  .1  00      J      ft 

20  _1_7  Sm.n''   ■•         ..  ..  «5^.  ..       «»    *    « 

881  "7  12    0 

Digcount  2J% ,7  ,5  ,„ 

099  13     2 

June  84th.    Landing  ch*rgei.  telegrama,  <tc 18    9 

Houaing  and  striking,     381  @  8/9    p.  100  14     3 

Piling  away  to  so-ter,    381  ••  I/lo^        "  72 

Welching  for  aTurage,    100  "  2/«            •■  2    6 

Cetaing  for  aaaortnient,  881  "  2/6      p.  120  7  n 

Counting  at  delirery,      381  "    1/S            "  40 

30                      R'^'onSSl,  ®  flp.  120p.  wk.,  4  weeks...  «    4 

Showing  for  p.  aale,  lotting,  Ac 1 1     s 

3  17    2 
Allowance,20%on£2  18  B...    . 10    8 

*{         ft         ft 

Aaaorting  for  sale,  S81  @  &/n  p.  loO  . . . .  '  i»  10 
Pnblic  sale,  charges,  advertising,  Ac.,  6  lots 

@8/6...   1  1     0 

Fire  Insurance.  ^ j  ]g  j^ 

Commission,  2^  per  cent '.',..'.'.',.'..  17  18  10 

40  2»   a   (> 

E.E.  *"*'" 

Culverwell,  Brooks  &  Co. 

Ex.  "  Mary  Taylor." 
Sales  of  4th  July,  1889,  in  London,  by  Culverwell,  Brooks 

«ScCo. 
881  Sealskins  netted  after  deducting  all  London  charges 
and  Ocean  and  Railway  Freight,  £674  11  2  ®  4  84 
$0  =  13,264.86  ^  381   ^  $8.57  per  skin. 


ill 


pi 


804 


10 


.  I, 


20 


30 


(Exhibits  Nos.  28  and  29  U.  S.) 

EXHIfilT  No.  88  (U.  8.).  OLAIK  No.  1. 

(Copy.) 

Account  Sale  of  Fur  Sealskins  received  per  '•Denmark"  by  con- 
signment and  for  account  of  J.  Boscowitz,  Esq're,  Victoria,  B.  C. 

Lot.  8kln«. 

[BI                  B9a  118M.  ASint je/-  801   U  0 

BM/4  844  Smallii •'  4(9    4  0 

»M/6  801  Lal'upa ; ■■  861   16  0 

Ck.  1/18.              m  188  Mddg.  I'up.  88/-  860  16  0 

608  67  8tn.         "      88/-  107    4  0 

699  S9Ei.8in."    88/-  64  18  0 

600  61  SkiiiH,  Low  A  cut 86/-  79    6  0 

689  7»M.  ASms 81/-  116    II  0 

680  105  L«Pup«  88/-  178     »  0 

«8I  IM     "    •■     88/-  166    8  0 

682/8  880  Mddg.  Pup» 88/-  879  10  0 

684  801  Sin.        "     81/-  811   11  0 

686  l»4Ex.em."     28/-  177     8  0 

886  69  Ex.  Ex.  Sm.  Tup 81/-  72     9  0 

ni            8  Wigs 27/-  4     1  0 

688  66  Sms.  die,  Low  cut,  <tc....  88/-  76  18  0 

689  84  Ex.  8m.  Pups,  "      ••     14/-  68  16  0 

640  89  Smi.  Ac,      Pinky 86/-        U6  14    0 

641  128  Sm.  Pups,  Ac,  "     18/-        MB    4    0 

648         101  Grey  Pups 7/_  86     7    0 

MS  18     '■         "Ac 8/6  1   12     6 

8.2T4              ^,278^  8,297  12     6 

Discount  8i% 82    8  10 

.r.     ^  8,816     8     8 

88    Empty  C«»ks I/9 8     6     6 

C'V^B":          „    ,  8.218     10    8 

Landini;  c.  Dock 2  II   10 

Cartace 2     7    6 

Freight 101     S     8 

Marine  Insurance 22     6    8 

Commission  4% 128  14  10 

267     4     1 

Net  Proceeds.    Cash  9th  Dec.  1887 £2  961     6     1 

E.  E. 

London,  9th  Dec,  1887. 


40 


EXHIBIT  No.  29  (U.  S.),  CLAIM  No.  1. 

Report  Inwards  by  G.  M.  O.  Hansen,  master  schooner 
"Adele,"  dated  at  Victoria,  B.  C,  September  11,  1890. 

By  order  of  the  Commissioners,  on  consents  of  counsel, 
this  exhibit  is  not  printed. 


396 

(Exhibits  Nos.  122,  123  and  124.) 

BXHIBIT  Ho.  ISS  (0.  B.).  CLAIM  Ho.  1. 

London,  4th  July,  1889, 
prompt  18th,  1889. 
Account  Sales. 

Sold  by  order  and  for  Account  of  Messre.  Carne&  Mun- 
,n  8IE  ®  p.  sale. 

'°  Per  "Viva." 

CAM 

y    ■  9  d-  pt.  1  Casks  Salted  Fur  Seal  Skins. 

Lot      I         67  Sm«ll  Fur  Seal  Skini  ®  48/.  t« IsO  16    0 

*^l-     '  JS  }^'ff,  •'"''•      "  •'»«/■" 879  I  a    0 

4.       77Middlg. 61/." IDS    7    0 

6.       77       "  62/-  •■  inn    a    n 

«/7.  162  8m.ii 44/. •■:.::::::  m  \  i 

••       *»?•»• 30/.  •• 78  10     0 

».         4  Lwne      • <o/.  " 8     0    0 

«MltWlg. 40/." 12     0     0    1,878  18     0 

30  K88 

=       Wicount,  2j% ^^     g     J 

1  842      7     7 

June  24tli.     Landing  cliarurt,  lelegrama,  Ac 1   16     0     ' 

Homing  4  BtrTking....    688  @  8/9  p.  100. .  I     2     1 

riling  away  to  sorter. ..  688  "  I/IOJ   "   ..  no 

Weighing  for  average...  120  "  2/6       "..  8     0 

Cening  for  anortment. . .  688  "  2/6  p.  120. .  la    8 

Counting  at  delivery. .. .   688  "  1/8     "   ..  g     ij 

Rant  on  688  (<«  6   p.   120  p.  wk.,4  weeka...  g  lo 

Shewing  for  p.  sale  lotting,  Ac   le  1 1 

30  

Allowance  20;^  on  £4     1     S le     s 

Assorting  for   sale,  588  @  6/2f  p,  lOO 1  10  8 

Public  sale  charges,  advertising,  Ac,  9  lots 

@8/6   .      1  11  8 

Kire  Insurance,  i^ 8  8  10 

Coinniis!.ioD,  2^  per  cent .'.'.  .S4  g  5       4s  19    6 

£1.296     8     8 
40  CULVERWELL  A  BROOKS. 

Ex.  "Viva." 
Sales  of  4th  July,  1880,  in  London  by  Culvewell,  Brooks 

&  Co. 
688  Sealskins  netted,  after  deducting  all  London  charges 
including  Ocean  and  Railway  Freight  •  ' 

i*l,296     8     2  @  4.84  =- «274.«2 

$6,274.62  ~    588  =     10.67  per  skin. 

50  

Claim  No.  12,  •'  Little  Triumph." 

EXHIBIT  Ho.  128  (0.  B.).  CLAIM  Ho.  12. 

Transcript  of  Registry,  Uttle  "Triumph,"  Julv  31    1879 
January  24,  1889.  '      ^'  ^'"'^ 

To  Commissioners,  on  consent  of  counsel,  this  exhibit  is 
not  printed. 

6o    Claims  Nos.  2,  6,  7,  9  and  10  (Cc  .  inued). 
EXHIBIT  Ho.  124  (O.  B.),  CLAIMS  Hos.  2, 6, 7,  9  and  10. 

Copy  of  Bavarian  certificate  of  birth  of  Joseph  Bosco- 
witz,  with  certified  translation  into  English.    This  cer- 


A\ 


am( 


-i 


(Exhibits  No8.  126  and  (U.  8.)  80.) 

tiflcate  haH  already  been  printed  in  full  at  page  1904  of 
thu  Rocurd  and  by  order  uf  the  Coinrnissiouers,  on  con- 
sent of  counHel,  ih  not  now  printed  again. 


10 


Olaims  Vos.  8  and  18  (Continued). 

EXHIBIT  No.  1S6  (0.  B.),  CLAIMS  Nos.  8  and  18. 

Certified  ropy  of  Certificate  of  Naturalization  under 
Naturalization  Aot,  Canada,  18N1,  dated  October  10,  1880. 
This  certificiito  is  printed  in  full  at  page  U).57  of  the  Rec- 
ord, and  by  order  of  the  Coniniissionei-H,  on  consent  of 
counsel,  is  not  now- printed  again. 


80 


Claim  No.  a ''  Thornton  "  (Oontlnued). 
United  States  Exhibit. 

EXHIBIT  No.  80  (U.  8.),  CLAIM  No.  8. 

The  Naturalization  Act.  Canada. 
Certificate  L'nder  Section  1(>. 
I,   Gordon   Hunter,   of    the  City  of    Victoria,  British 
Columbia,  do  certify  that  Joseph  Boscowitz,  an  alien,  on 
the  first  day  of  November,  18U.'),  subscribed  and  took  be- 
fore me  the  oaths  of  residence  and  allegiance  authorized 
by  the  eighth  section  of  the  Naturalization  Act,  Canada, 
30 and  therein  swoie  to  a  residence  in  Canada  of  five  years; 
that  I  have  reason  to  believe,  and  do  belii     ',  that  the  said 
Joseph  Boscowitz,  within  the  period  of       e  years  preced- 
ing the  said  day,  has  been  a  resident  w,    lin  Canada  for 
five  years;  that  the  said  Joseph  Boscowitz  is  a  person  of 
good  character,  and  that  there  exists,  to  my  knowledge, 
no  reason  why  the  said  Joseph  Boscowitz  should  not  oe 
granted  all  the  rights  and  capacities  of  a  natural-born 
British  subject. 
Dated  at  Victoria,  B.  C,  the  first  day  of  November, 
40I8U5. 

GORDON  HUNTER. 
I  hereby  certify  the  foregoing  to  be  a  true  and  correct 
of  certificate  issued  to  Joseph  Boscowitz  re  Naturalization 
Act,  and  filed  in  this  office. 
Dated  14th  Jany.,  18y7. 

ARTHUR  KEAST, 
Dep.  Regst.  Cy.  Ct. 

The  Naturalization  Act,  Canada. 
Certificate  of  Naturalization. 
Dominion  of  Canada,         ) 
Province  of  British  Columbia.  ) 

In  the  County  Court  of  Victoria,  holden  at  Victoria, 
Whereas  Joseph  Boscowitz,  formerly  of  Floss,  Bf^varia, 
(termany,  anti  now  of  the  City  of  Victoria,  Provmce  of 
British  Columbia,  Dominion  of  Canada,  merchant,  has 
complied  with  the  several  requirements  of  the  Natural- 
ization Act,  Canada,  and  has  duly  resided  in  Canada  for 
the  period  of  five  years;  and  whereas  the  certificate  granted 
60  to  the  said  Joseph  Boscowitz,  under  the  eighth  section  of 
the  said  Act,  has  been  duly  read  in  open  court,  and  there- 
upon, by  order  of  the  said  Court,  has  been  filed  of  record 
in  the  same  pursuant  to  the  said  Act. 

This  is  therefore  to  certify  to  all  to  whom  it  may  con- 
cern that,  under  and  by  virtue  of  the  said  Act,  Joseph 


50 


397 


(Exhibit  No.  8(1  U.  8.) 

Boscowltz  has  become  naturalized  oh  a  British  subject, 
and  iH,  within  Canada,  entitlal  to  all  political  and  other 
lights,  powers  and  privileces.  and  is  subject  to  all  obli- 
gatioiiH  to  which  n  natural-lMirn  British  subject  is  eniitled 
or  subject  within  Canada,  with  this  «iiialiHcntion  tliut  ho 
shall  not,  when  within  the  limits  of  the  Foreign  State  of 
which  he  was  a  .lubji-ct,  previous  to  the  date  hereof,  be 
lOdeenied  to  be  a  British  subject  unless  he  has  censed  t(»  be  a 
subject  of  that  Sfate  in  pursuance  of  th«'  laws  thereof  or 
in  pursu.uice  of  a  tieatv  or  convention  to  that  r*^'"t. 

(Jiven  under  the  seal  of  the  said  Court,  this  seventh  day 
of  November,  <»ne  thuusjind  eight  hundred  and  ninetv- 
tive.  "^ 

ARTHIU  KKAST, 
Dep.  Registrar. 
I  heivby  certify  the  foivgoing  to  bo  a  true  and  correct 
of  certificate  of  naturalizatir.n  issued  to  Joseph  Boscowitz 
20     Dated  Uth  Jan.,  lii'Jl. 

ARTHUR  KKAST, 
Dep.  Registrar. 

The  Naturalization  Act,  Canada. 
Oath  of  Residence. 
I,  Joseph  Bo.scowitz.  do  swear  that,  in  the  period  of  five 
years  preceding  this  date,  I  have  resided  five  years  in  the 
Dominion  of  Canada  with  intent  to  settle  therein,  with- 
out iiaving  been  durmg  such  five  years  a  stated  resident 
•'"m  any  Foreign  Country.     So  help  me  God. 

Signatui-e.     JOSEPH  BOSCOWITZ. 
Sworn  Itefore  me  at  the  City  of  ) 
Victoria,  on  the  first  day  of  .' 
November,  1895.  ) 

Gordon  Hunter, 
Commissioner  for  taking  oaths  in 
the  Superior  Court  of  British 
Columbia. 

40  Oath  of  Allegiance. 

I,  Joseph   Boscowitz,  do  sincerely  proinis*?  and   swear 
that  I  will  be  faithful  and   bear  true  allegiance  to  Her 
Majesty  Queen  Victoria,  as  lawful  Sovereign  of  the  United 
Kiiigddiii  of  Great  Britain  and  Ireland,  and  of  the  Dominion 
of  Canada,  dependent  on  and  belonging  to  the  said  King- 
dom, and  that  I  will  defend   Her  to   the  utmost  of  nfy 
power  against  all  traitorous  conspiracies  or  attempts  what- 
ever will,  h  shall  be  made  against  Her  Person,  Crown,  and 
Dignity  and  that  I  will  do  niv  utmost   endeavour  to  dis- 
3" close  and  make  known  to  Her  Majesty,  Her  Heirs  or  Suc- 
cessors,  all  treasons  or  traitorous  conspiracies,  and  at- 
tempts, which  I  shall  know  to  be  against  Her  or  any  of 
them;  and  all  this  I  do  swear  without  any  equivocation, 
mental  evasion,  or  secret  reservation.     So  help  me  God 
Signature.     JOSEPH  BOSCOWITZ.' 
bworn  before  me  vt  the  City  of  i 
V'ictoria,  on  the  first  day  of  }• 
November,  1895.  ) 

^  Gordon  Hunter, 

A  Commissioner  for  taking  oaths 
in  the  Supreme  Court  of  British 
Columbia. 


li 


398 


ill 


10 


(Exhibits  Nos.  126  and  127.) 

I  hereby  certify  the  within  to  be  a  true  and  correct  copy 
of  the  Oaths  of  Residence  and   Allowance  sworn  to  by 
Joseph  Boscowitz  on  1st  November,  1895,  and  placed  on 
file  in  this  office. 
Dated  14  Jany/97. 

ARTHUR  KEAST, 

Dep.  Segr.  Clerk. 


Claims  Nos.  2,  6,  7,  9  and  10  (Continued). 

EXHIBIT  No.  126  (O.B.),  CLAIMS  Nos.  2,  6.  7,  9  and  10. 

School  Register,  Joseph  Boscowitz,  1841-18-t2. 
By  order  of  the  Commissioners,  on  consent  of  counsel, 
this  exhibit  is  not  printeil. 


Claim  No.  8,  **  Alfred  Adams  '*  (Continued). 

EXHIBIT  No.  127  (G  B.).  CLAIM  No.  8. 

I  hereby  certify  the  annexed  paper  writing  marked  with 
the  letter  "  A  "  to  be  a  full,  true  and  correct  copy  of  the 
copy  Bill  of  Sale  on  file  in  my  office  and  of  every  affidavit 
thereto  and  endorsement  theieon,  of  which  same  purports 
to  be  a  copy,  as  examined  by  me. 

As  witness  my  hand  and  seal  of  office  at  Victoria,  Brit- 
ish Columbia,  this  28th  day  of  January,  1897. 

A.  Y.  WOOTON. 
3°         [seal.]  Registrar  General. 

I,  Henderson  Fiennes  Clinton,  of  Victoria,  British 
Columbia,  luak"  oath  and  say  as  follows: 

1.  That  the  paper  writing  hereunto  annexed  and  marked 
A.  is  a  true  copy  of  a  Bill  of  Sale,  and  of  every  Schedule 
or  Inventory  thereto  annexed,  or  therein  referred  to,  and 
of  every  attestation  of  the  execution  thereof,  as  made  and 
given  and  executed  by  Moritz  Gutmann. 

2.  That  tiie  Bill  of  Sale  was  made  and  given  by  the  said 
40  Moritz  Gutmann  on  the  9th  day  of  November,  in  the  year 

of  Our   Lord   one  thousand   eight   hundred  and  eighty- 
eight. 

;$.  That  I  was  present  and  did  see  the  said  Moritz  Gut- 
mann in  tlie  said  Bill  of  Sale  mentioned,  and  whose  name 
is  signed  thereto  sign  and  execute  the  same  on  the  said  9th 
day  of  November,  in  the  year  Jiforesaid. 

4.  That  tlie  said  Moritz  Gutmann  at  tlie  time  of  making 
and  giving  the  said  Bill  of  Sale,  resided  and  still  resides  at 
Victoria,  B.  C,  and  then  was  and  still  is  a  trader 
50  5.  That  the  name  of  H.  Fieimes  Clinton  set  and  sub- 
scribed as  the  witness  attesting  the  due  execution  thereof, 
is  of  the  pnjper  handwriting  of  me  this  deponent,  and 
that  I  reside  at  Victoria,  B.  C,  and  am  a  studentat-law. 

H.  FIENNES  CLINTON. 

before   me  this  JOth  day  of 


Subscribed  to  and  sworn 
November,  1SS8. 


60 


ROLAND  FLETT, 
S.  Y.  W. 
R.  G. 


A." 


This  is  the  Exhibit  marked  "  A,"  referred  to  in  the  affi- 
davit of  H.  F.  Clinton,  sworn  before  me  this  16th  day  of 
November,  1888. 

J.  ROWLAND  HETT, 
N.  P. 


899 


(Exhibit  No.  127.) 

This  Indenture  made  this  eighth  day  of  November,  one 
thousand  eight  hundred  and  eighty  eight  Between  Moritz 
Gutman,  of  Victoria  British  Columbia,  Administrator  of 
the  estate  and  effects  of  Jacob  Gutmann,  late  of  Victoria 
aforesaid,  deceased,  of  the  first  part,  and  Alexander  Frank 
of  the  same  place  of  the  Second  part,  Whereas  the  said 
Alexander  Frank  and  Jacob  Guttman  were  formerly  part- 
,0  ners  in  thb  business  of  traders  under  the  firm  name  of  Gut- 
mann &  Frank.     And  Whereas  the  said  Jacob  Gutmann 
has  been  some  time  dead,  and  Whereas  the  said  Jacob 
Gutmann  and  Alexander  Frank  were  partners  as  above 
mentioned  at  the  time  of  the  (ieath  of  the  said  Jacob  Gut- 
mann.    And  whereas  letters  of  administration  of  the  es- 
tate and    effects  of  the  said  Jacob  Gutmann,  deceased 
were  on  the  2nd  day  of  October,  1S88,  duly  granted  to  the 
said  Moritz  Gutmann;  And  Whereas  the  said  partnership 
at  the  time  of  the  death  of  the  said  Jacob  Gutmann  had  a 
2o claim  against  the  United  States  of  America  to  the  amount 
^^  twenty  thousand  four  hundred  and  thirty-three  dollars; 
And  Whereas  the  said  Claim  is  still  in  dispute  and  uu 
paid.  ^ 

And  Whereas  it  has  been  agreed  between  the  parties  to 
these  presents  that  the  said  Moritz  Gutmann  shall  assign 
grant  and  convey  unto  and  to  the  use  of  the  said  Alexander 
frank  all  and  singular  the  property  of  the  said  partner- 
ship set  out  in  the  first  schedule  hereto  for  the  considera- 
tions herein  niejitioned;  And  Wliereas,  it  is  estimated  that 
30  the  liabilities  ot  the  said   partnership  exceed   the  assets 
thereof  by  the  sum  of  eight  hundred  and  ninety  nine  dol- 
lars and  fifty-seven  cents  (!?S!t!»  57);  And  Whereas,  in  mak- 
ing such  estimate  there  has  been   included  in   the  said 
assets  ot  the  said   partnership  all   that  piece  or  parcel  of 
land  being  part  of  Section  a.  Victoria  District,  Bntisli  Co- 
lumbia (now  within  the  limits  of  the  City  of  Victoria) 
containing  in  the  whole  one  acre  more  or  less  and  known 
as  the  site  of  the   "Lion   Brewery,"  and   valued  at  five 
thousand  dollars  in  such  estimate,  and  there  has  been  -n- 
40  eluded  in  the  said  liabilities  of  the  said  partnership  a  mort- 
gage or  mortgages  on  the  said  real  estate  to  the  amount 
ot  two  thousand  two  hundred  dollars.     And  Whereas    if 
from  the  assets  as  aforesaid  there  be  deducted  the  said 
real  estate  and  from  the  said  liahilities  the  said  nioit<-ioe 
or  mortgages  the  liabilities  of  the  said  partnership  exceed 
t,he  assets  thereof  by  the  sum  of  three  thousand  six  hun- 
dred and  ninety-nine  dollars  and  fifty-seven  cents 

Now  this  Indenture  Witnesseth,  that  in  coiisideiation 
ot   the   premises   and   in  consideration   of  the  covenants 
qo  hereinafter  contained  by  the  said  Alexander  Frank    his 
executors,   administrators   or  assigns  to    be    performed 
The    said    Moritz   Gutmann  doth    herebv  grant    assiLMi 
and  convey  unto  and  to   the  use  of   the  "said  Alexander 
frank,     his    hens,     executors,    administrators    and    as 
signs    all    the    estate,     right,     title     and    interest    of 
him    the   said    Mm;itz    Gutmann,  as    the    administrator 
of  the  estate  and  effects  of  the  said  Jacob  Gutman  in  and 
to  all    and    singular    the  property    in    the    first    sched- 
ule hereto  contained   of  what  nature  soever.     And  the 
60  said  Alexander  Frank  doth  hereby  in  consideration  of  the 
premises  and  of  the  covenants  herein  contained  by  the 
said  Moritz  Gutmann,  his  executes  and  administrators  to 
be  performed  covenant  with  the  said  Moritz  Gutmann  his 
executors  and  administrators  that  he  the  said  Alexander 
frank,  his  executors  and  administrators  will  assume  and 


400 


w 


(Exhibit  No.  127.) 

discharge  all  and  singular  the  liabilities  of  the  said  part- 
nership in  the  second  schedule  hereunto  contained  and 
will  fully  indemnify  the  said  Moritz  Gutmann,  his  ex- 
ecutore  and  administrators  against  all  claims  thereon  of 
what  nature  soever. 

And  this  indenture  further  witnesseth  that  it  is  hereby 
agreed  by  the  parties  hereto  that  the  said  Alexander  Frank 

ID  shall  have  a  charge  upon  the  share  of  the  said  Moritz  Gut- 
man  as  administrator  as  aforesaid  of  the  proceeds  of  the 
aforementioned  claim  against  the  United  States  of  Amer- 
ica to  the  amount  of  four  hundred  and  forty- nine  dollars 
and  seventy-nine  cents  together  with  interest  thereon  at 
the  rate  of  eight  per  cent,  per  annum  from  the  date 
hereof  until  the  said  claim  shall  be  paid  by  the  United 
States  of  America  either  wholly  or  in  part.  And  the  said 
Moritz  Gutmann  hereby  covenants  with  the  said  Alexan- 
der Frank  that  he  will  out  of  the  first  moneys  coming  into 

20  his  hands  or  control  being  the  proceeds  oipart  proceeds  of 
the  claim  against  the  United  States  of  America  pay  to  the 
said  Alexander  Frank  the  sum  of  four  hundred  and  forty- 
nine  dollars  and  seventy-nine  cents  as  aforesaid,  with  in- 
terest thereon  as  aforesaid  provided  that  the  said  Alex- 
ander Frank  shall  not  bring  any  action  to  recover  the  said 
sum  of  four  hundred  and  forty-nine  dollars  and  seventy- 
nine  cents  and  interest  thereon  as  aforesaid  until  such 
time  as  the  aforesaid  claim  against  the  United  States  of 
America  is  so  far  settled  that  the  said  Moritz  Gutmann 

30  shall  have  a  sufficeint  sum  of  money  in  his  hands  or  con- 
trol being  the  proceeds  of  such  claim  to  pay  the  said  sum 
of  four  hundred  and  forty-nine  dollars  and  seventy-nine 
cents  and  interest  thereon  as  aforesaid. 

And  this  Indenture  Further  Witnesseth  that  for  the 
considerations  herein  mentioned  to  him  moving  it  is  hereby 
agreed  between  the  parties  hereto  that  the  said  Moritz 
Gutmann  shall  within  one  month  from  the  date  hereof 
obtain  a  good  title  to  the  interest  of  the  said  Jacob  Gut- 
mann in  the  real  estate  herein  mentioned,  and  give  to  the 

40  said  Alexander  Frank  a  good  conveyance  of  the  same  free 
from  all  encumbrances  except  such  as  exist  at  the  date 
hereof.  And  it  is  further  agreed  that  if  the  said  Alexan- 
der Frank  shall  sell  the  real  estate  for  a  price  greater  than 
five  thousand  five  hundred  dollars  at  any  time  before  the 
first  day  of  June,  IHsy,  then  the  said  Alexander  Frank 
will  pay  to  the  said  Moritz  Gutmann  one-half  of  the  dif- 
ference between  such  selling  price  and  the  sum  of  five 
thousand  dollais,  provided  that  if  the  said  Moritz  Gut- 
mann do  find  a  bona  jUlc  purchaser  before  the  1st  day  of 

50  June,  1SH<>,  fc"  a  price  exceeding  five  thousand  five  hun- 
dred dollars,  t  ie  said  Alexander  Frank  will  give  a  good 
conveyance  of  the  said  real  estate  to  such  purchaser. 

In  Witness  Whereof  the  said  parties  hereto  have  here- 
unto set  their  hands  and  seals  the  day  and  year  first  above 
wiitten. 

MORITZ  GUTMANN        [se.al.1 
ALEXANDER  FRANK    [seal.] 
Signed,  sealed  and  delivered  ) 
in  the  presence  of  ) 

Oo  H.  FiENSEs  Clinton. 


10 


20 


401 

(Exhibits  Nos.  127  and  128.) 

Schedule  1. 

All  the  interest  of  Moritz  Gutmanu  in  the  following  • 
All  the  property  of  the  said  firm  at  Clayoquot 

All  f^u^r" Vu **.0W  +« 

A    whahng  gear,  the  property  of  the  said  firm        3i>l  its 

All  the  stock  in  trade  of  the  taid  firm  at  Vic- 
toria   gQ^  i^k^ 

All  the  interest  of  the  said  firm  in  the  Real  Es- 
tate in  the  foregoing  deed  described . .  5  ooo  oi) 
A    merchandise  on  board  the  schooner  "  Lily  "  1  537  71 

All  book  accounts  of  said  firm "...  I'^^O  (»1 

Bills  and  notes  receivable I'.j.jj.  qq 

Cash  in  hand ..'.'."  '^Ji  40 

All  other  property  and  choses  in  action  of  the 

said  firm,  estimated  at 3  ooo  00 

M(JRITZ  GUTMANN. 
Witness-  ALEXANDER    FRANK. 

H.   FiENNES  Clinton. 


Scdedule  2. 

Liabilities. 

Due  S.  H.  Frank  «&  Co gio,58S>  32 

J->ue  H.  Gutmann 89  00 

Bills  and  notes  payable 1000  00 

Mortgages  on  real  estate  referred  to' in  the        ' 

Due  toFred.  Thornberg.... 700  oo 

Sundry  accounts '   "       2  500  00 

Due  the  Bank  of  British  Columbia ..."       2*490  54 

Due  Clayoquot  Indians '335  ()(> 

MOItifz  GUTMANN. 

,„.,  ALEXANDER    FRANK. 

Witness  : 

H.  FiENNEs  Clinton. 
40  

Claim  No.  1,  "Carolena"  (Continued). 

EXHIBIT  No.  128  (0.  B.),  CLAIM  No.  1. 

The  Naturalization  Act,  Canada. 
Oath  of  Residence. 
I,  John  Andrew  Bechtel,  better  known  as  Andrew  J 
Bechtel,  do  swear  that,  in  the  period  of  18  years  preced- 
ing this  date,  I  have  resided  18  years  in  the  Dominion  of 
50  Canada  with  intent  to  settle  therein,  without  having  been 
during  such  18  years  a  stated  resident  of  any  Foreien 
Country.     So  help  me  God. 

(Signature)    JOHN  ANDREW  BECHTEL 
Sworn   before  me  at  Victoria,  B.  C,  on  the  7th  dav  of 
April,  1892. 
(Signed)    Thos.  Shotbolt. 

Oath  of  Allegiance. 
I,  John  Andrew  Bechtel.  better  known  as  Andrew  J 
60  Bechtel,  do  sincerely  promise  and  swear  that  I  will  be 
faithful  and  bear  true  allegiance  to  Her  Majesty  Queen 
Victoria,  as  lawful  Sovereign  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  and  of  the  Dominion  of  Can- 
ada, dependent  on  and  belonging  to  the  said  Kingdom 


402 

(Exhibit  No,  128.) 

and  that  I  will  defend  her  to  the  utmost  of  my  power 
against  all  traitorous  conspiracies  or  atteiupts  whatever, 
which  shall  be  made  against  Her  Person,  Crown,  and" 
Dignity,  and  that  I  will  do  my  upmost  endeavour  to  dis- 
close and  make  known  to  Her  Majesty,  Her  Heirs  or  Suc- 
cessors, all  treasons  or  traitorous  conspiracies,  and  at- 
tempts, which  I  shall  know  to  be  against  Her  or  any  of 
ID  them;  and  all  this  I  do  swear  without  any  equivocation, 
mental  evasion,  or  secret  reservation.     So  noip  me  God. 
(Signed)    JOHN  ANDREW  BECHTEL. 

Sworn  before  me  at  Victoria,  B.  C,  this  7th    day  of 
April,  18t>2. 

(Signed)    Thos.  Shotbolt,  J.  P. 


The  Naturalization  Act,  Canada. 
Certificate  Under  Section  10. 
20  I,  Thomas  Shotbolt,  of  Victoria,  British  Columbia,  do 
certify  that  John  Andrew  Bechtel,  better  known  as 
Andrew  J.  Bechtel,  an  alien,  on  the  seventh  day  of  April, 
181>'J,  subscribed  and  took  before  me,  the  Oaths  of  Resi- 
dence and  Allegiance  authorized  by  the  eighth  section  of 
The  Nahiralizatiou  Act,  Canada,  and  therein  swore  to  a 
residence  in  Canada  of  18  years;  that  I  have  reason  to  be- 
lieve, and  do  believe,  that  the  said  John  Andrew  Bechtel, 
better  known  as  Andrew  J.  Bechtel.  within  the  period  of 
IS  years  preceding  the  said  day,  has  been  a  resident  within 
3°  Canada  for  18  years;  that  the  said  John  Andrew  Bechtel, 
better  known  as  Andrew  J.  Bechtel,  is  a  person  of  good 
character,  and  that  there  exists,  to  my  knowledge,  no 
reason  why  the  said  should  not  be  granted  all  the  rights 
and  capacities  of  a  natural-born  British  subject. 

Dated  at  Victoria,  B.  C,  the  seventh  day  of  April,  1892. 
(Signed;        THOS.  SHOTBOLT,  J.  P., 

59  Johnson  St . 
Victoria,  B.  C. 


40 


The  Naturalization  Act,  Canada. 
Certificate  of  Naturalization. 


Dominion  of  Canada,  ) 
Province  of  British  Columbia.  ) 
In  the  County  Court  of  Victoria  holden  at  Victoria. 

Whereas  John  Andrew  Bechtel  better  known  as  An- 
drew Bechtel,  formerly  of  United  States  of  America,  and 
now  of  the  City  of  Victoria,  Province  of  British  Columbia, 
Dominion  of  Canada,  Hotel  Keeper,  has  complied  with  the 

50  several  requirements  of  The  Naturalization  Act,  Canada, 
and  has  duly  resided  in  Canada  for  the  period  of  18  years: 
And  whereas  the  certificate  granted  to  the  said  John  An- 
drew Bechtel  better  known  as  Andrew  Bechtel,  under  the 
eighth  section  of  the  said  Act,  has  been  duly  read  in  open 
Court,  and  thereupon,  by  order  of  the  said  Court  has  been 
filed  of  record  in  the  same  pursuant  to  the  said  Act. 

This  is  therefore  to  certify  to  all  to  whom  it  may  con- 
cern that  under  and  by  virtue  of  the  said  Act,  John  Andrew 
Bechtel  better  known  as  Andrew  Bechtel,  has  become 

60  naturalized  as  a  British  subject,  and  is,  within  Canada, 
entitled  to  all  political  and  other  rights,  powers  and  priv- 
ileges, and  is  subject  to  all  obligations  to  which  a  natural- 
born  British  subject  is  entitled  or  subject  within  Canada, 
with  this  qualification  that  he  shall  not,  when  within  the 


403 

(Exhibit  No.  128.) 

limits  of  the  Foreign  State  of  which  he  was  a  subject,  pre- 
vious to  the  date  hereof,  be  deemed  to  be  a  British  sub- 

i™olT  ^®*l!^,'=®*^!?  ^^^  '^"bject  of  that  State  in 
pursuance  of  the  laws  thereof,  or  in  pursuance  of  a  treaty 
or  convention  to  that  effect.  ^ 

Given  under  the  seal  of  the  said  Court,  this  Twenty- first 
day  of  April,  one  thousand  eight  hundred  and  ninety-two 
'°  (Signed)  ARTHUR  KEAST, 

Dep.  Register. 


404 

(Exhibit  No.  51.) 


i: 


ADDENDA. 

10  _______ 

EXHIBIT  No.  61  (0.  B.),  CLAIM  No.  2. 

(This  exhibit,  referred  to  above  at  page  10,5,  has  been 
designated  for  printing  by  counsel  for  Great  Britain,  since 
the  foregoing  exhibits  were  printed.) 

The  California  Insurance  Co. 
Surveyor's  Report 
on 
2oName,  Flag  and  Rig  B.  Screw  Steamer  "Thornton" 
By  request  of  Henry  Saunders. 

Captain Colin  Clunes. 

T«of 29AV 

Decks One. 

When  and  where  built 1861,  Dungeneys. 

Buildei-s Cannot  ascertain. 

Material Pine. 

Fastenings Copper,  Iron. 

,QWhen  metalled ...Unc.  lain. 

When  caulked Do. 

Draft  Loaded  5  feet. 

Hails  from Victoria. 

Owned  by J.  D.  Warren. 

Dimensions Length,     feet;  Breadth,     feet: 

Depth,    feet. 

Model  Medium. 

Cables Two.     120  fathm.    Hawsera. 

Anchors Two. 

.gBoats One. 

Rigging Wire. 

Sails  One  suit,  i  wore. 

Spears Two. 

Rate .A     No  rate. 

Trade  engaged  in Coal  trade. 

Remarks. 
I  hereby  certify  that  I  have  this  day  surveyed  the  above 
described  Schooner  assisted  by  Wra.  Cavin,  Ship  Carpenter 
we  both  found  her  in  pretty  fair  Order,  Seaworthy. 
Surveyed  at  Victoria,  B.  C.  Nov.  16th,  1883. 

H.  G.  LEWIS. 

Marine  Surveyor. 


"mLJ 


405 


(Exhibit  No.  75.) 

EXHIBIT  No.  75  (0.  B.),  CLAIM  No.  4  (Continued). 

(The  following  extracts  from  memorandum  book  for 
1886  of  Schooner  "Favourite,"  Exhibit  No.  75  (G.  B.), 
referred  to  above  at  page  188,  have,  since  the  printing  of 
the  foregoing  exhibits,  been  selected  for  printing,  by 
i^counsel  for  Great  Britain,  and  are  here  printed  at  their 
request.) 

Positions  of  Schooner  "  Favourite"  in  Behring  Sea,  August 
1st— l!)th,  188«. 

lat.  55°  17'  N.,  long.  168°  17'  W. 
lat.  54°  50'  N.,  long.  168°  49'  W. 
lat.  54°  40'  N.,  long.  168°  50'  W. 
lat.  54"  3l»'  N.,  long.  169°  23'  W. 
lat.  54°  35'  N„  long.  168°  40'  W. 
lat.  54°  50'  N.,  long.  170°  07'  W. 
lat.  55°  06'  N.,  long.  170°  40'  W. 
lat.  54°  51'  N.,  long.  170°  49'  W. 
lat.  64°  46'  N.,  long.  171°  01'  W. 
lat.  55°  03'  N.,  long.  170°  40'  W. 
lat.  long, 

lat.  long, 

lat.  54°  45'  N.,  long.  168°  17'  W. 
lat.  55°  24'  N.,  long.  168°  35'  W. 
lat.  55°  30'  N.,  long.  169°  10'  W. 
lat.  56«  15' N., long.  166°45'30"  W. 
lat.  55°  40'  N.,  long.  165°  30'  W. 
lat.  .55°  12'  N.,  long.  165°  40'  W. 
in  Ounimack  Pass. 


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^<*^  o  K  AT  CV*' -'.;-'' 


